Common causes
Each accident is different. A careful review can show how the injury happened and who may be responsible. Common causes include:
- A loose or poorly controlled dog
- Failure to warn about known danger
- Unsafe fences, gates, or leashes
- Violation of a local animal rule
Evidence that may help
Evidence can be lost or changed. Photos, video, records, and witness details should be saved as soon as it is safe to do so.
- Photos of wounds and the location
- Animal control and medical reports
- Owner and witness statements
- Prior bite or aggressive act records
Dangerous propensity and negligent handling
Texas follows a common-law dangerous-animal rule, sometimes called the one-bite rule. Strict liability may apply when the owner knew or should have known that the dog had dangerous traits abnormal to its class. Proof can include a prior bite, lunging, attacks on other animals, warnings, restraint practices, and statements by the owner.
A separate negligence theory may apply without proof of a prior bite if the owner failed to use reasonable care in controlling the dog. Negligence per se may also be considered when a safety ordinance applies and its requirements are met. Ownership, possession, control, and landlord duties are separate issues.
Many Texas injury lawsuits must be filed within two years. Some claims have shorter notice rules or different deadlines. A claim against a city or other government body may require fast written notice. It is wise to have the deadline checked early.
What may be recovered?
A dog attack claim may include medical costs, lost income, pain, scars, disfigurement, mental anguish, and future treatment.