It might happen on a Saturday morning – you might be walking to the park with your children when suddenly a dog lunges out of nowhere and bites your child. In the chaotic aftermath, your thoughts are only of getting your child to a medical facility and not of staying to determine the dog owner’s resulting liability. It is only much later in the day that you wonder whether you have a claim to bring against the dog owner. If you or a family member were injured in a dog bite attack, you might have a claim to bring against the dog owner.

Texas is one of the few states which does not have a definitive dog bite statute as state law. However, most courts and settlement claims rely on judge-made law, the One Bite Rule. Through the One Bite Rule, a dog owner is liable for the resulting injuries if their dog had previously bitten a person and the owner was aware of this previous bite. The dog owner’s knowledge may be a difficult factor to overcome in many cases, requiring deep research into the dog owner’s behavior. However, a dog owner may also be held responsible for any resulting injuries if their behavior was negligent.

One of the principle aspects in determining whether you have a feasible case for a dog bite attack claim is in the facts of the attack. If the dog bite attack was provoked in any way or the dog had not displayed any prior signs of aggression, you may not be able to bring a claim for any damages.

However, in some situations, negligent behavior by the dog owner may lead to a claim for damages. For example, if a dog owner fails to act in a way a reasonable prudent and careful dog owner would do in similar circumstances, they may be held responsible for any resulting injuries. Allowing a new dog roam the neighborhood without a leash could be considered negligent behavior, when the dog owner is not yet aware of the dog’s demeanor.

It is important to consider your own actions leading to the dog bite attack. If your actions played any role in provoking the dog, you may not have a case for a dog bite claim. However, the percentage of how much at fault your actions may have been in leading to the dog bite attack, as well as the age of the victim (a child will not be held to the same reasonable standard of care as an adult), may impact your claim. In these situations, you may be entitled to still bring a claim for damages, although the amount may be slightly reduced.

If you or a loved one have been injured in a dog bite attack, do not hesitate to contact the Malley Law Firm. Tony Malley has years of experience in handling dog bite attack cases, and will work carefully with you through the facts of your case and the development of your claim. Contact our Beaumont or Houston offices today for your initial free consultation.