If you get injured in a dog attack in Texas, there are many legal hoops you must jump through to obtain financial compensation for your injuries. The breed of the dog, however, is not something that the Texas courts take into consideration when determining financial responsibility (liability) for a dog bite injury. Every dog bite case is treated the same, regardless of the breed of the dog involved. The breed may play a role in proving negligence, however, as well as the amount of financial compensation awarded to the victim.

Dog Breed Doesn’t Matter With the One-Bite Rule

In general, Texas’ dog bite law does not involve the specific breed of the dog. Texas uses a one-bite rule, also known as a negligence rule, to determine liability for a dog bite injury, regardless of the breed. A one-bite rule means that an injured victim must prove the pet owner knew or reasonably should have known that the dog was violent, yet did nothing to stop an attack. In other words, that the dog had bitten someone previously or showed other signs of aggression, but that the pet owner did not properly control the dog.

Does Texas or Dallas Have Breed-Specific Restrictions?

Dog breed might be relevant, however, to establish that the pet owner was negligent in failing to prevent the attack. If a pet owner was violating a state or municipal law against owning a specific breed of dog, for example, this could be evidence of the pet owner’s negligence. Simply by owning an illegal breed, the pet owner could be accepting liability for any related incidents or injuries. However, Texas has a statewide law that does not permit counties or municipalities to create restrictions against specific breeds (Texas Health and Safety Code Section 822.047).

Was the Pet Owner Breaking a Leasing Agreement?

Dog breed might also matter in terms of whether the pet owner was breaking a leasing agreement by keeping the pet in a rented home or apartment. If so, this could be used as proof of the pet owner’s negligence. If the landlord knew that a tenant was violating a leasing agreement with a specific breed of dog, yet did nothing to remove the threat, the landlord could also bear liability for a related dog bite injury.

What Is a “Dangerous Dog?”

If a dog is assigned the classification of being dangerous in Texas, the owner of the dog will have additional responsibilities in terms of preventing an attack. A “dangerous dog,” according to Section 822.041 of the law, is one involved in an unprovoked attack that injures a human (or puts the person in reasonable fear of being injured) while the dog is in a place other than its enclosure.
In Texas, anyone who owns a dangerous dog must register the dog with the Animal Control Center, keep the dog on a leash or enclosure at all times, obtain special liability insurance coverage for the dog, and comply with other municipal laws regarding dangerous dogs. If the owner of a dangerous dog falls short of these responsibilities, this could be proof of negligence.

Different Dog Breeds and Injury Severity

Finally, the breed of the dog may affect the outcome of a dog bite case in the sense that certain breeds can cause more severe physical injuries when they attack. According to dog bite injury statistics, most fatal injuries are caused by pit bulls, American bulldogs, German Shepherds and mastiffs.
Although smaller dogs may bite more frequently, the related injuries are generally not as severe as when larger dogs attack. The gravity of the victim’s dog bite injuries can affect how much the case is worth, as worse injuries create more expensive medical bills and greater pain and suffering. If you or a loved one was recently injured in a dog attack in Texas, contact an attorney for legal assistance with your specific case.

Texas is one of the top states in the country in terms of the number of dog bite injuries and deaths each year. When a dog attacks and injures someone in Texas, it is possible for a landlord to be held liable, or legally and financially responsible, in certain circumstances. This can lead to greater financial compensation for the injured victim, as the landlord will have to pay for the victim’s medical bills and other related losses.

What Is Texas’ Dog Bite Law?

Texas uses a one-bite rule when it comes to liability for dog bite injuries. This rule relies on the legal theory of negligence. It states that a pet owner will only be held responsible for a dog bite injury if the dog had previously bitten someone or shown other signs of aggression, and if the owner failed to prevent a second or subsequent bite. If Texas used a strict liability dog bite law, on the other hand, a pet owner would always be liable for a dog bite injury, without regard to whether the owner knew of the dog’s propensity for viciousness.
Under Texas’ dog bite law, there must be proof that the owner or controller of the dog knew or reasonably should have known that the dog had acted aggressively or bitten someone previously and that the individual failed to take reasonable steps to prevent the subsequent attack. The same legal theory applies if the injured victim wishes to pursue a claim against a third party, such as a landlord. It is the victim’s responsibility to prove the defendant was negligent and that this caused or contributed to the dog attack.
 

Landlord Liability for a Dog Bite

Landlords have a certain responsibility to keep the properties that they own and manage reasonably safe for renters and visitors. If a dog attack in Texas takes place while on rented or leased property, the landlord may be held accountable. While a landlord might not be responsible for incidents that take place inside apartments, they are responsible for all common areas on the premises, such as hallways and lobbies.
It is possible to make a claim against a landlord for a dog bite injury that takes place in a common area if there is evidence that the landlord knew or reasonably should have known that a violent or dangerous dog was staying on the property. If the landlord knew about the aggressive dog but did nothing to remove the threat of harm, such as evicting the tenant for breaking the building’s pet rules, the landlord or owner of the building could be held responsible for an attack.
In addition, a landlord may be held responsible for a dog bite injury that occurs as a result of the landlord’s failure to maintain a safe premises. If the landlord should have repaired a hole in a fence before a dog escaped and attacked someone, for example, the landlord could bear responsibility for failing to prevent a foreseeable injury. If the landlord did his or her part to prevent a dog attack, however, and it was the pet owner that didn’t follow the rules, the owner might be liable instead.

When to Contact a Dallas Dog Bite Injury Attorney

Holding a landlord or property owner responsible for a dog bite injury in Texas could result in greater financial compensation for your medical bills and other related losses. If the pet owner does not have enough insurance to cover your costs, for example, the landlord or property management company might have greater coverage available. It is up to you as the injured victim, however, to prove that the landlord was negligent. A premises liability attorney in Dallas can help you with this burden of proof.
An attorney can thoroughly investigate your dog bite incident to search for signs of negligence by the pet owner, landlord, property owner or any other parties involved. Then, your attorney can present evidence of negligence to an insurance company and negotiate for fair financial compensation for your losses on your behalf. If you get bitten by a dog at someone’s rental home or apartment in Texas, contact an attorney to discuss the possibility of landlord liability.