Strict Liability: Making a Claim Against an Aggressive Dog's Owner in Texas

 

 

If you or someone you know has been attacked by a dog, Texas law gives you the right to make a claim against the dog's owner. The money you recover will go towards the medical bills, lost income and pain you suffered as a result of the dog bite. However, before you recover compensation, you'll need to prove that the attack was the dog owner's fault. 

(Want more information? Download my free book "How to Make a Successful Dog Bite Injury Claim In Texas" here.) 

How to Win a Dog Bite Case in Texas Using Strict Liability

The easiest (although not the only) way to win a dog attack injury claim is to establish strict liability against the owner of the dog. Strict liability means that the dog owner knew that their animal was vicious but didn't do anything to stop them from attacking you. 

Let's look at an example. Bob owns a dog named Rex who bit a little kid last year. Bob now knows that Rex has aggressive tendencies, so it's Bob's job to make sure Rex never bites anyone again. However, let's say Bob decides to let Rex run around at the park without a leash where a bunch of little kids are playing. If Rex bites one of those kids, strict liability can be established. Bob knew Rex could be aggressive (especially towards children), and did nothing to prevent another bite.

The Trouble With Proving Strict Liability 

Unfortunately, it's hard to find out (let alone prove) that a dog has attacked a person in the past. And do you think Bob would readily admit that he knew his dog was dangerous? Not likely. Luckily, there are other ways to prove strict liability. For example, maybe  Bob's neighbors witnessed Rex bitting the kid last year. 

Bob's attorneys cannot argue "contributory negligence" if the Bob is strictly liable. Contributory negligence would be something like if a kid provoked Rex by yelling at him. But Bob's failure to protect others from his aggressive dog outweighs all other factors. 

Even if strict liability cannot be proven, your personal injury lawyer can still make a claim against the dog owner or possessor if the owner was negligent. Click here to learn more about different forms of negligence.

(Want more information? Download my free book "How to Make a Successful Dog Bite Injury Claim In Texas" here.) 

Other Articles You Might Be Interested In:
Winning Your Texas Dog Attack Case: Proving Owner Negligence
Damages Recoverable in Texas Dog Bite or Dog Attack
Deadline For Filing Personal Injury Claims  
Making A Claim Against Your Neighbor 
The Dilemma: Should you Make A Claim? 


Mark A. Anderson
Board Certified Personal Injury Lawyer in Fort Worth, Texas