Dog Bite
If you have been bitten by a dog in the state of Texas, you may have a claim.
One bite rule
Under Texas law, there is a one bite rule. This one bite rule means that dog owners can be held responsible for the injury caused by the dog even if the dog never bit before.
The injured party must simply show that the dog owner handled his or her dog with negligence. To prove negligence, the standard the court will look at is whether or not the dog owner exercised the same reasonable care that an ordinary person would use.
So long as the victim, or plaintiff, can show that the dog owner:
Owned or possessed the dog
Owed a duty to exercise reasonable care to prevent the dog from harming others
Failed to meet that duty
The failure to meet the duty caused the plaintiffs injury
In certain cases, a victim would not have to show these four elements, because of a legal concept called strict liability.
Under the doctrine of strict liability, courts consider whether the dog owner was aware that their dog was vicious, dangerous or mischievous. If the dog owner was aware, and the injury as a result of the manner in which that dog showcased the prior bad behavior, then they are automatically liable without the plaintiff having to prove negligence.