Is a Dog Owner Always Liable if His or Her Pet Bites Someone?

October 13, 2015

People own dogs for many different reasons. Some love the animals and some want the dog for a particular purpose, such as therapy or security. Unfortunately, dogs of any breed or size can bite, and those bites can lead to civil lawsuits. State laws on dog bites vary, and Texas is a state that adheres to the one bite rule. However, there are not any particular dog bite statutes.

As a pet owner, you probably understand your pet is your responsibility, and you have probably taken precautions to reduce the risk of your dog biting someone. But, you may wonder what happens in situations when you were not negligent and your dog had a very good reason to bite. Can you be held liable for your dog biting a trespasser or an attacker?

Cases Where a Dog Owner May Not Be Liable for a Bite

The good news is dog owners are not responsible for every bite. Here are the reasons why (in the state of Texas) you and your dog will likely not be liable for a victim’s injuries:

One bite. If your dog did not have a history of aggression or biting, and if you took reasonable measures to prevent a dog bite from occurring, you will not be liable for the first bite. Unfortunately, warning people that your dog bites can be reason enough to hold you liable for his or her actions on the first occasion.

The dog has been provoked. Just like people, many dogs can only take so much taunting or abuse before they bite. Even stepping on a dog’s tail could lead to an accidental bite. Most serious provoked dog attacks happen because of extreme cases of abuse in which a dog has been beaten, starved, or otherwise mistreated. In some of these cases, the owner will not be liable for the actions of the dog, and the perpetrator may face animal cruelty charges.

If someone trespasses on your property, you will not be liable for a victim’s injuries. Generally speaking, homeowners are not responsible for any injury that happens to a trespasser on private property, including a bite or attack by a dog for the purposes of security. However, if the property is regularly trespassed upon, the courts may decide the property owner should anticipate and post signs or take another remedy to warn trespassers to avoid negligence.

A veterinarian is treating the dog. Veterinarians accept a certain level of risk when they treat animals. They take the risk with full knowledge of the possibility. Typically, they are not able to bring civil suits against patients.

The injured person was committing a crime or was very negligent. Individuals also hold a level of responsibility in dog bite cases. If a dog bites a victim’s attacker, the attacker cannot hold the owner liable. Similarly, if someone knows a dog is dangerous and still provokes him or her or acts carelessly, the injured person may not be able to claim damages.

The individual circumstances surrounding a case may largely affect the outcome. For instance, the presence of a child may change the way the court views a case, and courts tend to err on the side of caution in cases involving child victims.

Minimizing the Risk of a Negligent Dog Bite

Dog owners can prevent civil lawsuits by managing their dogs with a high level of responsibility, using the appropriate fencing or restraints, and posting warning signs on private property. If you have been injured by a dog, our attorneys at Gordon, Elias, & Seely LLP can help you navigate the sometimes complex laws surrounding dog bites. Contact us today for more information.

The post Is a Dog Owner Always Liable if His or Her Pet Bites Someone? appeared first on GES Injury Attorneys.

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