DALLAS – Police have identified the infant that was attacked and killed by the family pit bull as Brayden Wilson.
The 2-month-old was bouncing in a bounce chair at home; his dad was outside to check the sprinkler system. When the dad came back inside, the family pit bull was attacking Wilson. At that point, the mother came in too and the pit bull bit her two times.
The dad managed to pull the pit bull outside and shot it twice. The baby died as a result of his wounds.
This tragic story is a reminder that any dog – even a family pet – can attack. In fact, in the majority of dog bite cases, the attacking dog belonged to a friend or family member.
What To Do If a Dog Bites Your Child
If your child is bit by someone else’s dog, Texas law allows you to recover compensation for the medical care, pain and suffering that results from that attack. To do so, you’ll file a claim against their homeowner’s insurance policy.
However, before you can make a claim, you’ll need to prove that the owner was somehow negligent, and that negligence led to the attack. For instance, if the dog’s owner allowed their dog to run around off leash (despite local leash laws), that would be an act of negligence.
You can read more about negligence and Texas dog bites here.
When Killing a Dog is Legally Justified in Texas
In a nutshell, if a dog is attacking people or livestock, it’s legal to do whatever you must to stop it. Animal cruelty laws in Texas specifically exempt the act of injuring or killing a dog in these cases.
If a dog seems about to attack people or livestock, it’s also justifiable to kill it.
Hunting down a dog after an attack is typically not allowed, as is discharging a firearm within city limits. However, there are certain exceptions to this rule that are looked at on a case-by-case basis.