You're not alone if you’ve recently asked what to do if someone sues you for a dog bite. Dog bite lawsuits can be stressful, but understanding your rights and responsibilities is the first step toward resolving the situation. At The Law Firm of Aaron A. Herbert, P.C., we’re here to help clients in the legal process and protect their best interests.
What do you do if someone sues you for a dog bite?
The first thing to do if someone sues you for a dog bite is to avoid panicking. Stay calm and gather as much information as possible about the incident. Here’s a step-by-step guide:
- Review the Complaint: Carefully read the legal documents you receive to understand the plaintiff’s claims. Make note of deadlines and key points outlined in the complaint, as failing to respond on time can result in a default judgment against you.
- Contact Your Insurance Company: If you have homeowner's or renter's insurance, notify your insurer immediately. Some policies pay for the liability of a dog bite to help cover attorney fees and settlements. Be prepared to give all information relevant to the case.
- Consult an Attorney: An attorney can assess your case, explain the law, and help you build a defense. They may also make sure you know your rights under Texas law, including the "one bite rule."
- Document Everything: Gather evidence of the incident, including photos, medical reports, or witness statements. If the dog has been involved in any other incidents, gather records showing how those situations were handled.
- Avoid Communication with the Plaintiff: All communications should be done through your attorney to avoid saying something that could hurt your case. Even casual comments can be misinterpreted and used against you in court.
Dog bite lawsuits in Texas can be complex, especially when dealing with factors like negligence or provocation.
When I may not be held liable?
You may not be held liable for a dog bite in certain situations. Texas follows the “one bite rule,” which requires the plaintiff to prove that you knew your dog was dangerous or had a history of aggression. Here are some common defenses:
Trespassing
You might not be held responsible if the injured person was unlawfully on your property when the bite occurred. Trespassing is a recognized defense under Texas law. If someone enters your property without permission and gets injured by your dog, the law protects you from liability.
Provocation
Liability might be reduced or eliminated if the dog was provoked, such as being hit, teased, or otherwise antagonized. For example, suppose witnesses confirm that the injured party was taunting or physically harming the dog before the incident. In that case, the court may view their actions as the primary cause of the injury. Documentation or witness testimony supporting provocation can significantly strengthen this defense.
Self-Defense
This could be a valid defense if your dog protected you, your family, or your property from a genuine threat. Texas law considers certain protective actions justified under specific circumstances, such as if someone was acting aggressively or threatening harm. Evidence, such as video footage or third-party testimony, can help establish that your dog’s actions reasonably responded to a perceived danger.
Understanding these defenses can make a significant difference in your case. For example, legal frameworks often provide protections for justified actions involving dogs, such as when the animal acted in self-defense or to protect its owner.
Dangerous dog bite breeds
Certain dog breeds are statistically more likely to be involved in severe bite incidents. Pit bulls and rottweilers are among the most dangerous breeds, with data showing that these two accounted for 76% of fatal dog bite cases in the U.S. from 2005 to 2019.
These statistics highlight the importance of responsible ownership. If you own one of these breeds, taking steps to minimize risk, such as investing in proper training, ensuring secure fencing, and adhering to local leash laws, is crucial. Courts may consider breed-specific data when assessing negligence so proactive measures can demonstrate responsible ownership and reduce liability.
Additionally, some jurisdictions impose breed-specific regulations. Understanding these rules can help you avoid legal complications and maintain compliance with local ordinances.
Let us help you protect your rights
Facing a lawsuit for a dog bite can be overwhelming, but you don’t have to face it alone. At The Law Firm of Aaron A. Herbert, P.C., we have extensive experience defending clients in Dallas, TX, against dog bite claims. Contact us today at 214.200.4878 for a free consultation to discuss your case and explore your legal options.