Can You Sue After a Dog Bite?

Dog bites can often result in serious injuries and potentially even infections. While dogs can be man’s best friend, they can also be aggressive and territorial. While Texas does follow the ‘one-bite’ rule, you could still receive compensation with the help of a dog bite attorney. If you are injured or suffered property damage after a dog bite, you may be able to hold the dog’s owner liable. However, there are still some instances that could affect your right to sue after a dog bite.

The One-Bite Rule

In Texas, the legislation understands that animals follow their instincts and don’t always react the way we expect them to. This is why Texas law follows the one-bite rule for many dog bite cases. The one-bite rule essentially allows a dog one ‘free’ bite as long as the bite was seemingly unprovoked. If a dog bites without warning, the one-bite rule gives the owner the chance to restrain the dog before they can cause further harm. If the owner does properly restrain the dog and they cause no further injury, you might not be able to sue for a dog bite injury.

Exceptions to the One-Bite Rule

There are, however, some exceptions to this rule. The one-bite rule allows unexpected or sudden dog bites. If the dog has a previous record of biting, was in a pre-agitated state, or has a history of aggression, it’s the owner’s responsibility to warn others and keep their dog restrained. If they fail to do so, then you could hold them liable for even a single bite. But this only applies given the right circumstances.

When You Can’t Sue for Dog Bites

Overall, it’s the owner’s responsibility to ensure they properly train or restrain their dog when others are around. However, there are times when the victim of the dog bite would be considered ‘at-fault.’ For example, if you were trespassing at the time, the law would argue that the dog was only trying to protect its territory from an intruder. Also, if you were aware that a dog was aggressive or were warned by an owner about a potential bite yet continued to aggravate or provoke the dog, you would likely be considered at fault for any potential bite(s).

Where to Find a Dog Bite Attorney

Dog bites can be frightening in the moment and frustrating in the aftermath. From dealing with medical appointments, property damage repair, and legal issues, it can be a lot to handle. Attorney Vickery is a trained and experienced dog bite attorney who is ready to help. He’ll examine your case and gather evidence to determine whether you can successfully sue for personal injury. If a dog recently bit you, call the Vickery Law Firm today at (903) 504-5490 or send an email to ron@vickerylawfirm.com to schedule a consultation about your case.