Dog Bites and Attacks by Vicious Animals

         Many believe that the owner of a dog is automatically responsible for the actions of his animal.  Unfortunately, the law in Texas requires proof that prior to the bite, the owner of the animal, knew or should have known of the vicious propensities of his animal.  The law in Texas has historically been referred to as the “one free bite” rule, meaning that the owner may be free from liability if it is established that this was the first time this animal had shown any vicious propensities.  In most cases it is difficult to ascertain whether the animal has ever bitten anyone before.  On some occasions we may find that the local animal control officer may have a report of a prior attack.  However, many of these incidents go unreported and the owner, facing a liability claim, will rarely admit to having any knowledge of a prior bite.  As a result, if is often necessary to seek out information from neighbors and the mailman, to see what there experience has been with the animal.  Because of the difficult burden of proof in these cases, it is best that the victim of a dog attack consult with an attorney early on in the claim process.

         Many people are also surprised at the damage that can be inflicted by a medium to large dog.  In our practice, children seem to be one of the more prevalent victims, with dogs often biting their face, leaving permanent scars.  (For more information on the issues involving injuries to children, please follow this link for our page dedicated to Injuries to Children) In adults, we often see more injuries to the extremities, with some clients losing significant amounts of muscle mass.  Another component of many of these cases is the mental anguish suffered by the client as a result of being attacked by such a powerful and often relentless animal.  Therefore, not only do clients suffer permanent disfigurement and scaring, they often face long term episodes of post traumatic stress, especially when in proximity to other dogs or large animals. 

         Because of the unique nature of both liability and damage issues involved in dog bite cases it is advisable to consult a Board Certified Personal Injury Trial Lawyer like those at Bemis, Roach and Reed.