How To Prove A Texas Negligence – Dog Bite Claim

 

 

In Texas, a claim of Negligence – Dog Bite is defined as:

A dog bite or animal injury is a type of personal injury claim based on negligence. An animal owner would be liable if an animal he or she owned caused harm to the plaintiff.

It simply means:

Liability for injury caused by an animal attack.

There are 4 elements of the claim:

• Element 1, The defendant was the owner or possessor of an animal. In a dog bite case, it’s important to show that the person being sued owned or had control over the dog that caused the injury, as this establishes their responsibility for the animal’s actions.
  

  Facts that might support this element look like:

  * The defendant has been the registered owner of the dog since its adoption six months ago.
  * The defendant regularly feeds, walks, and cares for the dog, demonstrating control and possession.
  * Neighbors have frequently observed the defendant allowing the dog to roam freely in their yard.
  * The defendant’s name is listed on the dog’s veterinary records as the primary caregiver.
  * The defendant has acknowledged ownership of the dog in conversations with witnesses following the incident.

• Element 2. The defendant had a duty to exercise reasonable care to prevent the animal from injuring others. The defendant was responsible for taking sensible precautions to ensure their dog didn’t harm anyone, meaning they needed to act carefully and responsibly to prevent any potential injuries caused by their pet.
  

  Facts that might support this element look like:

  * The defendant owned a dog known to exhibit aggressive behavior towards strangers.
  * The defendant failed to secure the dog within a fenced area, allowing it to roam freely in a public space.
  * The defendant had previously received complaints from neighbors about the dog’s aggressive tendencies.
  * The defendant did not provide adequate training or socialization for the dog, increasing the risk of an attack.
  * The defendant was aware of the dog’s history of biting but took no steps to mitigate the risk.

• Element 3. The defendant breached that duty. The defendant failed to take proper care of their dog, which led to the animal biting someone, showing that they did not meet the responsibility to keep others safe from harm.
  

  Facts that might support this element look like:

  * The defendant failed to secure their dog with a leash while in a public park, despite local leash laws.
  * The defendant was aware that their dog had previously bitten another person but did not take any precautions to prevent future incidents.
  * The defendant neglected to provide proper training or socialization for their dog, which exhibited aggressive behavior towards strangers.
  * The defendant left their gate open, allowing their dog to escape and approach the victim unrestrained.
  * The defendant ignored multiple complaints from neighbors about their dog’s aggressive tendencies prior to the incident.

• Element 4. The breach proximately caused the plaintiff’s injuries. In other words, the animal harmed or injured the plaintiff. The plaintiff was hurt because the dog attacked or bit them, showing that the dog’s actions directly led to their injuries.
  

  Facts that might support this element look like:

  * The dog was known to exhibit aggressive behavior towards strangers, which the owner failed to control.
  * The plaintiff was bitten by the dog while walking on a public sidewalk, directly in front of the owner’s property.
  * Medical records indicate that the plaintiff sustained significant injuries requiring surgery as a result of the dog bite.
  * Witnesses observed the dog lunging at the plaintiff moments before the bite occurred, confirming the owner’s negligence in restraining the animal.
  * The owner had previously received complaints about the dog’s aggressive behavior but took no action to prevent future incidents.

^{(See Labaj v. VanHouten, 322 SW 3d 416 – Tex: Court of Appeals, 7th Dist. 2010)}
If you’re representing yourself in court and plan to assert a Claim of Negligence – Dog Bite, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex legal landscape effectively.

Prove Your TX Negligence – Dog Bite Claim

U.S. Civil Cases Only