Have you or a loved one ever been bitten by a dog? Have you ever heard of the “one bite” rule? How does it apply and what does it mean?
Hi, I’m Brad Parker, the attorney you want but hope you never need and this is another edition of Bar Talk. Give me 90 seconds and I’ll give you an answer.
So, you or a loved one has been bitten by a dog that’s down the street the street or belongs to a neighbor and you want to know what your rights are, but you here there is this “one bite” rule. What does that mean?
Well, in Texas unless the homeowner or the dog owner I should say, understands and knows that their dog has vicious propensities or has actually bitten someone before, you’re not allowed to recover from that person unless you show that that person was negligent somehow in the way that they handled their dog.
Usually, though, you have to be able to show that they knew or should have known that the dog had dangerous propensities. So, how do you do that? Well, you look at the neighbors. What do the neighbors say about the dog? Has the dog ever bitten or attacked someone? Has animal control been called out to the premises before? What about the vet records? What do they say about the dog?
We recently settled a case with a vicious dog that the homeowner or dog owner continued to say, “He’s just a little puppy, he’s not vicious”. When we got the vet record, the vet told him how vicious the dog was and how they should probably get rid of the dog because it’s not safe to be around children.
In any event, if you or a loved around has been seriously injured because of a dog bite, give us a call and we’ll let you know what we can and cannot do for you.
I hope this has answered some of the questions you may have about the “one bite” rule. I’m Brad Parker, the attorney you want but hope you never need, and this has been another edition of Bar Talk. Until next time.
For more information about the legal process and your rights download our free book.