Dog Bites Attorney in Houston, Texas

Dog bites can result in serious injuries, both physical and emotional, and often leave victims uncertain about their legal rights. In Texas, dog bite laws can be challenging, and knowing what to do if you or a loved one has been bitten by a dog is crucial to seeking compensation for your injuries. 

At Ellis & Thomas PLLC, we aim to provide the information and legal assistance you need for your dog bite case. Located in Houston, Texas, we serve clients in the surrounding areas. Reach out today to schedule a consultation.

Dog Bite Injuries and Their Impact

Dog bites can cause a range of injuries, from minor scratches to severe wounds that require surgery or leave lasting damage. Common injuries include puncture wounds, lacerations, nerve damage, and infections. 

In more severe cases, dog bites can lead to permanent scarring, disfigurement, or even emotional trauma such as post-traumatic stress disorder (PTSD). Children are especially vulnerable to serious injuries from dog attacks.

Medical treatment after a dog bite can be costly, especially if surgery, rehabilitation, or ongoing care is required. Additionally, the emotional toll of such an attack shouldn’t be overlooked.

Victims often face anxiety or fear around animals and may require counseling to address these issues. Seeking compensation for these damages is an important step in the recovery process.

Texas Dog Bite Laws: One-Bite Rule and Negligence

Unlike some states that have strict liability laws for dog bites, Texas follows the "one-bite rule." Under this rule, a dog owner can only be held strictly liable for injuries if it’s proven that the owner knew or should have known that their dog had dangerous tendencies, such as a history of biting or aggression.

In cases where the one-bite rule applies, the victim must prove that the owner was aware of the dog’s aggressive behavior but failed to take proper precautions. 

If a dog has never bitten anyone before and hasn’t displayed aggressive tendencies, the owner might not be held strictly liable. However, this doesn’t mean that a victim can’t recover damages. In Texas, victims may still pursue compensation under the theory of negligence.

Proving Negligence in a Dog Bite Case

Even if the dog has never bitten anyone before, a victim can still argue that the owner was negligent. Negligence occurs when the dog owner fails to act reasonably in preventing the dog from causing harm. 

For example, if an owner fails to keep their dog on a leash or doesn’t secure the dog on their property, they may be found negligent if the dog attacks someone.

To prove negligence, the victim must demonstrate that:

1. The dog owner had a duty to act reasonably in controlling their dog.

2. The owner breached that duty by failing to prevent the dog from causing harm.

3. The breach directly caused the victim’s injuries.

In many cases, negligence may be easier to prove than the one-bite rule because it focuses on the owner's behavior rather than the dog's history.

Comparative Negligence in Texas

Texas follows a modified comparative negligence rule, which means that the amount of compensation a victim can receive may be reduced if they’re found partially responsible for the incident. If, for example, the victim was provoking the dog or trespassing on the owner’s property, the court may assign a percentage of fault to the victim.

If a victim is found to be 51% or more at fault for the attack, they’re barred from recovering any damages. However, if they’re less than 51% responsible, their compensation will be reduced by their percentage of fault.

For example, if a victim is awarded $100,000 in damages but found to be 20% at fault, they’d receive $80,000 instead.

Compensation Available to Dog Bite Victims

Dog bite victims in Texas may be entitled to various types of compensation depending on the severity of their injuries and the circumstances of the attack. Compensation can cover medical expenses, lost wages, pain and suffering, and emotional distress. 

If the injuries result in long-term or permanent disabilities, victims may also seek compensation for future medical costs and lost earning capacity.

In cases where the dog owner’s conduct was especially reckless or intentional, punitive damages may also be available. These damages are meant to punish the owner and deter similar behavior in the future.

Steps to Take After a Dog Bite

If you’ve been bitten by a dog, taking certain steps right away can help protect your health and your legal rights. Here’s what you should do:

1. Seek medical attention: Dog bites can lead to infections, so it’s important to get treatment immediately, even if the injury seems minor. A healthcare professional can also document your injuries, which will be important for your legal case.

2. Report the incident: Notify local animal control or the police about the attack. This creates an official record of the incident and can help identify whether the dog has a history of aggression.

3. Collect evidence: If possible, gather information about the dog and its owner, including the owner’s contact details. Take photos of your injuries, the location where the attack occurred, and any relevant conditions, such as an open gate or lack of a leash.

4. Consult a personal injury lawyer: Dog bite cases can be legally challenging, especially when it comes to proving liability. An experienced personal injury lawyer can guide you through the process, help you gather evidence, and advocate for the compensation you deserve.

Defenses Dog Owners Might Raise

In dog bite cases, the owner may try to avoid liability by raising certain defenses. One common defense is that the victim was trespassing on the property when the bite occurred.

Under Texas law, a dog owner is generally not responsible for injuries if the victim was unlawfully on the property. However, there are exceptions, especially if the dog owner used excessive force or if the victim was a child.

Another defense might be that the victim provoked the dog. If the owner can prove that the victim’s actions caused the dog to attack, they may avoid or reduce their liability. This is why gathering evidence and having a strong legal advocate is crucial to counter such claims.

Why You Need a Premises Liability Lawyer for a Dog Bite Case

Dog bite cases in Texas can be challenging, particularly when it comes to proving liability under the one-bite rule or establishing negligence. A skilled premises liability lawyer understands how to manage the nuances of these cases and will work to make sure that your rights are protected.

Your lawyer can investigate the dog’s history, interview witnesses, consult with professionals, and build a strong case on your behalf.

In addition, a personal injury lawyer can help you negotiate with insurance companies, which often try to minimize payouts in dog bite cases. Without legal representation, you might accept a settlement that doesn’t fully cover your damages. A lawyer will fight for the full and fair compensation you deserve.