Texas Laws on Animal Attacks: What to Do If You're Injured by a Pet

The American Veterinary Medical Association estimates that 4.5 million animal bites occur annually in the United States. What's more, nearly one in five animal attack victims need to go to the doctor, which is frequently expensive. Any breed or size pet may bite, and the lion's share of bites result from negligence on the part of the pet's owner. In other words, in cases where a pet bites or attacks a person, the victim may be able to file a lawsuit against the owner.

Even if the owner takes reasonable precautions, they may be held responsible for any harm caused by their animal. Keep reading to learn about your rights after an animal attack and how to handle the aftermath. And if you've been involved in an animal attack in Texas, don't hesitate to contact a seasoned, skilled attorney as soon as you can.

Evaluation of Animal Bite or Attack Severity

The Association of Professional Dog Trainers uses a grading system developed by veterinarians to determine the severity of animal bites:

• Pets are considered to be at Level 1 when they show "obnoxious or aggressive behavior" toward a human but stop short of biting the person.
• At the second difficulty level, the pet's teeth brush against the skin but are unable to penetrate it. Minor bleeding or nicks may still be present.
• For level three bites, no more than half of the pet's canine teeth are pierced in any one bite, although at least one and up to four punctures occur. Bite wounds could be severe at this depth.
• There must be at least one puncture deeper than the middle third of the animal's canine teeth to qualify as a level-four bite. These bites often cause severe bruising as well.
• The animal attacks the person several times at level five, leaving at least two bite wounds of Level 4 intensity.
• Finally, animal bites or attacks of level six severity kill the victim.

Filing a Claim After an Animal Attack in Texas

Different states have varying regulations regarding bites. Under Texas law, when it comes to dog bites, the injured party must demonstrate an owner's negligence in order to receive compensation. Negligence is defined as a failure to take ordinary care or the type of care that a reasonably wise and careful person would exhibit in the same situation. A bite victim may file a negligent handling claim against the owner if the owner does not manage the pet in a reasonable and cautious manner.

For instance, a reasonable person wouldn't let a stray dog play in a yard with small children. To be successful in a suit for negligent handling, the plaintiff must demonstrate the following:

• The defendant possessed or owned a pet and was responsible for taking reasonable precautions to stop the pet from injuring others.
• The defendant failed in this reasonable "duty of care."
• The plaintiff was injured as a direct result of this violation.

The negligence rule in Texas also applies to other animal-related injuries, not only bites. For instance, if a large dog jumps on an elderly person, knocks them to the ground, and breaks a bone, the victim can file a lawsuit for damages against the owner. Once again, it must be demonstrated that the owner knew the animal was hostile or that they did not take reasonable precautions to keep the animal from hurting other people.

In Texas, the principles of negligence, negligence per se, scienter, and intentional tort all allow for the recovery of damages from attack victims. It is also actionable if an individual fails to stop an attack when it is already underway.

What Should I Do After an Animal Bite in Texas?

If an animal attacks or bites you, it's important to find out what kind of animal or pet it is and collect the owner's information immediately. You should also report the assault to the police as soon as possible. The injured party's burden of proof may be lessened if a law enforcement official investigates the situation and verifies the facts surrounding the incident.

From there, seeking medical treatment after an animal bite is vital. Not only is it important to ensure that your wounds are evaluated and cleaned properly, but this also allows your medical treatment to be officially documented in the event that you file an injury claim. Of course, the victim must act quickly to initiate a civil complaint against the owner. In the state of Texas, the time restriction for filing a claim for damages due to personal injury is two years.

Seeking Damages After an Animal Attack

Medical expenses can be covered by compensation in animal bite injury claims. For example, some animal saliva makes these wounds more susceptible to infection, and a serious bite can leave disfiguring scars. Children are especially susceptible to developing a lifetime fear of certain animals if they experience emotional trauma from an occurrence like this one.

Unfortunately, bites can result in various medical complications and even death. Damages can include medical bills and lost wages from time away from work. Victims can also seek recompense for non-quantifiable damages, like mental anguish, trauma, and loss of consortium. Punitive damages are possible in animal attack or bite cases, but only in extreme circumstances when the owner's behavior was particularly negligent.

Call a Dallas Personal Injury Lawyer After an Animal Attack

Animal attacks and bites frequently result in expensive medical bills and rehabilitation costs. Furthermore, victims frequently cannot return to their previous jobs (or cannot work in the same role). Why should you or your family bear the financial burden when a pet owner's negligence caused your injuries? Contact a Dallas dog bite lawyer if you live in Texas and have suffered attack or bite injuries. You may find that you're entitled to compensation to offset your losses and damages.

Our staff at the Rasansky Law Firm is skilled at assisting victims of injury-causing accidents. When you're ready to discuss your legal rights and options after an animal attack, call 214-651-6100 to arrange a free, no-obligation evaluation of your case.