Dog bites are traumatic experiences, and they can impact not only your physical health, but also your emotional and psychological states. If you were bitten by your neighbor’s dog with petting or even playing with it, you might be wondering if you can seek compensation for those injuries, especially if they are serious.
Texas dog bite laws
In Texas, dog bite cases are typically governed by the “one-bite rule”, which means that a dog owner can be held liable for injuries caused by their dog if they knew or should have known that the dog had had a propensity to bite or act aggressively.
Petting or playing with the dog
When you pet or play with your neighbor’s dog and it bites you, the situation becomes a bit more complicated. In this case, usually, the court may possibly consider:
- Whether the owner knew or should have known of the dog’s propensity to bite, including a history of prior aggressions. If the dog has no prior incidents and you were playing with it in a manner that encouraged aggressive behavior, it may complicate your case even further.
- Did your behavior contribute to the bite? Under Texas’ modified comparative fault rule, you could be responsible in part for the incident. If you are more than 50% responsible, you may not be entitled to compensation.
- If the dog was off-leash in an area where leash laws apply, this could also have an effect on liability. If the owner violated local ordinances, it may strengthen your case for compensation.
Can I get compensation?
The short answer is yes, you may be able to recover compensation for your injuries, medical expenses, lost wages and pain and suffering. However, the success of your claim will depend on several factors, as stated above. Remember that while you may be able to collect an award, the specifics of your situation will play a crucial role in determining liability. Speak with your attorney as soon as possible.