Young or old, it is often difficult to not want to pet a dog when one crosses your path. Society treats dogs as both kind and safe to be around. Unfortunately, not all dogs are friendly and not all dog owners take proper care and precaution. Thus, unsuspecting individuals could suffer a serious dog bite or attack, resulting in serious or life-threatening injuries.
Dog bite liability
The state of Texas is known as a one-bite-rule state. This means that when a dog bites someone, the dog owner is held strictly liable. In other words, even if the dog has never bit anyone in the past or has shown any aggression or dangerous propensities, the dog owner is still liable for the dog bite and injuries or damages that result.
The state of Texas also has criminal statutes concerning dog attacks. This means that a dog owner could be found criminally negligent if they knew or should have known the dog was dangerous and was aware of the substantial and unjustifiable risk of the dog attack.
Damages
So long as the victim of the dog bite was not more than 50% at fault for the incident, they can recover damages from the dog owner through a personal injury action. This means, so long as the victim did not provoke the dog or otherwise did something to cause the bite or attack, they can recover damages such as medical bills, pain and suffering, future medical costs, lost wages and other related losses.
While a dog owner may not have knowledge of a dog’s propensity to bite, in the state of Texas, this knowledge is not needed to be held liable. Thus, victims of a dog bite or attack should understand this as well as their rights when it comes to filing a civil action.
A personal injury claim not only holds a dog owner accountable but also assists with the recovery of compensation to address the physical, emotional, mental and financial harms caused by the incident.