If you have been bitten by a dog, you should know that the State of Texas and most counties and cities have statutes and ordinances that regulate dangerous dogs to protect people from dog bites. The effect of Houston dangerous dog bite laws is two-fold. First, enforcement of these regulations helps reduce the number of dog attacks. Second, when somebody has been attacked and bitten by a dangerous dog if a violation of the law was a contributing factor, this can be used by a dog bite lawyer to prove liability against the dog owner. Often, the dog owner’s homeowner’s insurance will cover your expenses and provide for your compensation.
Under Texas Health and Safety Code Section 822.041, a “Dangerous Dog” is one that makes an unprovoked attack on a person outside of its enclosure that causes bodily injury or is aggressive to such an extent that its actions cause a person to reasonably believe that the dog will attack and cause bodily injury. If you were bitten by a dog out in public in an unprovoked attack, that dog is likely considered dangerous.
In Houston, state law requires dogs that bite to be quarantined for 10 days to monitor for rabies symptoms. This quarantine can occur at the owner’s home, a veterinary clinic, or an animal control facility, depending on the circumstances and the dog’s vaccination status. The owner is responsible for quarantine costs and must provide proof of current rabies vaccination.
If the dog shows signs of rabies during quarantine, it will be euthanized and tested. Failure to comply with quarantine requirements can result in criminal charges against the owner and may strengthen your injury claim by demonstrating negligence.
State of Texas laws regarding the regulation of dangerous dogs to prevent dog bites are found in Title 10 of the Texas Health and Safety Code. This law allows for the seizure of a dangerous dog that causes death or serious bodily injury. When this happens, it can only be returned after a hearing before a judge to determine if the dog did in fact inflict such injuries. Unfortunately, at this stage it is usually too late as the dog attack has already occurred. We have handled many dog bite cases in the past where the dog is taken into custody and ordered destroyed. However, as mentioned, by this time the death or injury has already occurred. The hearing and destruction of the dog at that point is meant to prevent future attacks.
If a dog owner knows that it is a dangerous animal and it makes an unprovoked attack outside of its secure area, that person can be charged and convicted of a crime if the dog causes serious bodily injury or death. It is a felony of the third degree if there is serious bodily injury from the dog attack and it is a felony of the second degree if the dog attack results in the death of the victim.
When an individual knows that they have a dangerous dog, they are required to:
The City of Houston has very detailed ordinances regulating not only dangerous dogs but also those considered aggressive and dogs considered a public nuisance.
An aggressive dog is one that attacks another person on the property of the dog’s owner, has displayed aggressive tendencies putting people in fear that it will escape, or has interfered with people walking in a public area.
In accordance with state law, the City of Houston’s dangerous dog ordinances allows for a dangerous or aggressive dog to be declared a public nuisance. Following a hearing, if there is a determination that the dog is a public nuisance, it can be euthanized.
If a minor child owns a dangerous dog, the parents of the minor are responsible and liable for all injuries caused by the animal.
Dog bites are especially dangerous for a range of important reasons. To begin, canines have extremely strong jaws as well as sharp, jagged teeth that rip and tear rather than cut cleanly. To make things even more dangerous, dogs have a tendency not to let go once they attack. This means that, once a dog bites you, it may not release you, which can cause even more serious injuries as a result.
Dog bites are prone to infection and, because the associated wounds are typically jagged and deep, can be slow to heal. Dog bites are also closely associated with serious scarring that can be permanently disfiguring when on or near the face.
When dogs attack adults, they often bite their hands or upper arms, which is where first contact is generally made. Our hands represent a complex web of muscles, bones, and tendons, and a serious bite can do serious damage that can carry long-lasting consequences.
When dogs attack children, the risk that the injuries will prove fatal increases significantly. Often, children are bitten on the face or neck, which leaves them extremely vulnerable to life-threatening injuries and life-altering scars.
After a dog bite incident, gathering evidence is crucial for building a strong claim. An experienced attorney will handle this process for you, collecting medical records, photographs of injuries, witness statements, and documentation of the dog’s history. Your dog bite lawyer will also obtain animal control reports, veterinary records showing vaccination status, and proof of the owner’s knowledge of aggressive behavior. They document the attack scene, preserve clothing or personal items damaged during the incident, and gather any video footage available.
By entrusting evidence collection to a skilled injury attorney, you can focus on recovery while ensuring nothing critical is overlooked in your case.
In your dog bite claim, you will seek compensation for your losses in several primary categories. The surest path toward a fair settlement that covers the physical, financial, and emotional damages you suffer is having a seasoned attorney backing you up from the start.
Your medical expenses following a dog attack can be immense and ongoing. In addition to needing immediate medical treatment, you may require follow-up care that includes intensive treatment and one or more surgeries. Seeking immediate medical care can make a serious difference in your health outcome.
The more serious your injuries are, the more likely you are to lose hours on the job and to experience lost wages as a result. In fact, a severe mauling of your hand could interfere with your ability to do your job at all and could translate to lost earning potential in your future.
If your career is negatively affected by a dog bite injury, there can be an emotional component to this category of loss.
Your emotional losses in the wake of a terrifying dog attack can be substantial. Many victims of dog bites experience an intense fear of all dogs, which can be challenging to manage. In fact, PTSD-like symptoms affect their lives in serious ways.
Working closely with a dedicated dog bite lawyer from the outset helps to ensure that your claim will result in an optimal outcome that is a fair reflection of your covered losses.
Harris County Regulations require that all dogs are kept restrained and the custodian of every dog or cat is responsible for its behavior. Moreover, Harris County considers every animal not under restraint to be a stray. A stray dog or cat is considered to be a public nuisance and subject to being impounded.
If you or a loved one has been attacked by a dog, contact Board Certified Personal Injury Lawyers at Fleming Law for a free consultation.
Fleming Law
N/a
(713) 221-6800 