In nearly two-thirds of states across the country, it is possible to hold
a dog's owner legally liable for a bite or other attack on the part of
the animal. In other words, the dog owner is considered to be legally
responsible for the actions of the animal, regardless of whether or not
he or she is found to have been negligent in allowing the attack to occur.
Texas, however, is one of 18 states which apply the "one-bite rule."
What Is The One Bite Law?
The "one-bite rule" dates back hundreds of years in the English
common law, and it essentially allows a dog owner to escape legal liability
for a dog bite, provided that the dog has never before bitten or displayed
vicious or violent behavior. In other words, it is the dog’s first bite.
In order to recover monetary damages for a dog bite, it is necessary to
prove that the dog's owner was negligent, based on the fact that he or
she knew - or reasonably should have known - that the animal had bitten
before or was likely to bite. Successfully proving a dog bite claim can
be a considerable challenge, but the McAllen dog bite attorneys of
Farah Law have earned a reputation for taking on the difficult cases which other
lawyers avoid, and for winning.
Other Causes of Action for a Dog Attack in McAllen, Texas
The victim of a dog attack is not the only person who may have the right
to take legal action over an attack. A close family member - such as a
sibling, parent or child - of the victim may be able to file a personal
wrongful death claim to recover damages for mental anguish, provided that two conditions are met:
The family member directly witnessed the attack
The bite victim suffered severe injuries or was killed
In addition, it is sometimes possible to sue the dog owner's landlord for
premises liability, in the event that he or she was aware - or should
have been aware - of the fact that the dog was vicious or dangerous and
yet failed to take action to evict the tenant and thereby to rid the premises
of the hazard.
Contact us for a free consultation to discuss your experience and to find out whether
you may have grounds to sue the owner of the animal that attacked you
or your child.