Dog Attacks in Texas

A dog attack can cause extremely serious and life-changing injuries or death. 

If you or a loved one is attacked, seek medical attention immediately.  You should also obtain information about the animal and its owner so that insurance information can be obtained.  A dog owner has legal responsibilities to others and requirements such as insurance policies that cover injuries caused by their pets.  Further, owners of dogs that have been classified as dangerous under Texas statute are required to do more to protect others from their pet.

Strict Liability

Strict liability means an owner can be held liable for damages without having to prove negligence or intent.  Under Texas law, if someone owns or possesses a dog that has dangerous propensities abnormal to its class, they knew or had a reason to know of the same, and those dangerous propensities caused injuries, then the owner or possessor is liable for the damages. 

A dog is considered to have dangerous propensities if it has a tendency to attack human beings or other animals and this tendency is abnormal.  The Supreme Court of Texas has deemed that dogs are generally harmless, so behaviors constituting aggressive or violent are considered abnormal.  In practical terms, if a dog who tries to attack people, goes into frenzies for squirrels or visitors, who bites or nips at ankles, who is possessive of its owner, is unpredictable or does not listen, then it could be considered to have dangerous propensities.  

Negligence

In negligence cases, a dog owner must have known or should have known that their dog would cause injury.  Further, dog owners can owe a duty of care to others.  If an owner breaches that duty and their dog causes injuries, then they are liable for damages. 

Others defined:

A person visiting your property is classified as either an invitee, a licensee, or a trespasser.  The Under Texas law, the legal definitions of "invitee," "licensee," and "trespasser" are as follows:

An invitee is a person who enters the premises of another at the express or implied invitation of the owner or occupier for their mutual benefit, typically for business purposes. The owner or occupier owes an invitee a duty of reasonable care, which includes keeping the premises safe and protecting the invitee from known or reasonably discoverable dangers. This duty extends to warning the invitee of concealed or latent perils and taking reasonable steps to eliminate such risks.  Ensure that your dog is kenneled or leashed and secured, especially if you know your dog is prone to defensive tactics.

A licensee is a person who enters the premises with the express or implied permission of the owner or occupier but does so for their own convenience, pleasure, or benefit, rather than for mutual benefit. The duty owed to a licensee is more limited than that owed to an invitee. The owner or occupier must refrain from willfully, wantonly, or through gross negligence causing harm to the licensee. Additionally, the owner must warn the licensee of or make safe any dangerous conditions of which the owner is actually aware and the licensee is not.   

A trespasser is someone who enters another's property without any lawful authority, permission, or invitation, and for their own purposes, pleasure, or convenience. The duty owed to a trespasser is minimal; the property owner or occupier must only refrain from causing injury to the trespasser willfully, wantonly, or through gross negligence. No duty exists to make the premises safe for trespassers or to warn them of potential dangers.  However, if you intentionally have your dog attack a trespasser, then you will be liable for gross negligence.  Be sure that you can defend this action with self-defense.  Teenagers drinking in a pasture and causing no personal harm do not deserve to endure the injuries caused by a dog attack.

iStock/Credit: Varsescu

Defenses

If your dog attacks someone else, you should assess what happened and why immediately.  Dog attacks in Texas are taken very serious under the law. If the victim was provoking your dog or harming them in a way that would rationally cause the dog to react in a defensive or protective manner, then the victim may be legally at fault.  It is as important to protect yourself as it is to protect others, so be aware of your pet and their actions.