Dog & Animal Attacks
Dog & animal attacks can cause very serious injuries, and even death, to its victims. Any person who maintains custody or control of an animal has a legal duty to keep others safe from injury or attack. Normally, homeowner’s insurance will carry the necessary liability coverage for animal attacks.
Contrary to popular belief, there is no “one free bite” rule in Texas. Rather, the rule is that a person has a legal duty to exercise reasonable care in the confinement and control of their animal. For example, if a homeowner leaves a gate or front door open allowing a dog to escape and attack a child, that homeowner may be liable even if that dog has never attacked anyone in the past. The focus here is on the lack of care in properly confining the animal rather than the animal’s behavioral history. Likewise, a person walking a dog without a leash could be liable if that animal causes injury to another person even if that dog has never attacked anyone before.
Of course, if the animal has a history of aggressive behavior, then the animal’s owner would have to be even more careful in the confinement and control of the animal since it has known violent propensities.
If you are the victim of an animal attack, the incident should be promptly reported to your city’s animal control department. Animal Control will investigate the incident and quarantine the animal to determine the presence of any diseases, such as rabies. Under some circumstances, Animal Control may choose to euthanize the animal if it has a history of vicious behavior and poses a continued threat to the community.
