Dog Bites in San Angelo: Beyond the ‘One-Bite’ Rule

Dog bites are a serious issue in San Angelo, where irresponsible pet ownership is common occurrence, and victims seek compensation for their injuries. Understanding the legal framework surrounding dog bites is crucial for victims. There is a misconception that in Texas if you are injured form an animal bite, you will be compensated for your medical bills and other damages. But the reality is more complex.

This blog explores the legal landscape of dog bite cases in San Angelo, delving into relevant statutes, local ordinances, and practical steps for those affected, tailored for residents seeking clarity on their rights and responsibilities.

Understanding Texas Dog Bite Law

Unlike many states with specific dog bite statutes, Texas does not have a dedicated civil liability statute for dog bites. Instead, liability is determined through a combination of common law principles, case law, and local ordinances. The so-called “one-bite rule” is a term used in Texas dog bite law, but it’s not as simple as it sounds. Let’s break it down.

The “One-Bite Rule” Explained

The “one-bite rule” originates from common law and was solidified in Texas through the landmark case Marshall v. Ranne (511 S.W.2d 255, Tex. 1974). This rule holds that a dog owner may be strictly liable for injuries caused by their dog if they knew or should have known about the dog’s dangerous propensities—typically evidenced by a prior bite or aggressive behavior.

In other words, the dog doesn’t necessarily get a “free bite,” but the owner’s liability hinges on their awareness of the dog’s tendencies. If the dog has never bitten before or shown aggression, the owner may not be held strictly liable under this rule.

However, the “one-bite rule” is not the only path to liability. Victims can also pursue claims based on negligence, which broadens the scope of potential responsibility. For example in the city limits of San Angelo, all dogs must be confined to an adequately fenced yard or be on a leash when out of their yard. Failure to abide by city ordinance can create a claim for negligence through strict liability.

Negligence in Dog Bite Cases

Negligence claims are common in Texas dog bite cases and can apply even if the dog has no history of aggression. To succeed in a negligence claim, the victim must prove:

1. Duty of Care: The dog owner had a duty to exercise reasonable care to prevent the dog from causing harm.
2. Breach of Duty: The owner failed to act reasonably (e.g., failing to leash the dog or secure a gate).
3. Causation: The owner’s failure directly caused the injury.
4. Damages: The victim suffered actual harm, such as medical expenses, pain, or emotional distress.

Lillian’s Law: Criminal Liability for Dangerous Dogs

In 2007, Texas passed Lillian’s Law (amending Texas Health and Safety Code § 822), prompted by the tragic death of Lillian Stiles, a 76-year-old woman killed by dogs in her front yard. This law imposes criminal penalties on owners of dangerous dogs under specific conditions:

• The dog is classified as a “dangerous dog” under Texas Health and Safety Code § 822.041, meaning it has made an unprovoked attack causing bodily injury outside the owner’s property or exhibits behavior that a reasonable person would believe poses a threat.
• The owner fails to secure the dog, and it causes serious bodily injury or death in an unprovoked attack off the owner’s property.
• The owner acts with criminal negligence, or the dog was previously declared dangerous, and the owner failed to comply with restraint requirements.

Violations can result in felony charges, especially if the attack leads to serious injury or death. This law underscores the importance of responsible pet ownership in San Angelo and beyond.

San Angelo’s Local Ordinances

San Angelo, like many Texas municipalities, has local ordinances that complement state law. The City of San Angelo’s Code of Ordinances includes regulations on animal control, such as leash requirements and restrictions on dogs running at large. For instance, Section 3.03.001 of the San Angelo Code of Ordinances mandates that dogs’ primary living area must be in a fenced or enclosed area. Out of the yard, a dog must be restrained at all times, except in designated off-leash areas like dog parks. Violating these ordinances can support a negligence per se claim, strengthening a victim’s case.

Additionally, San Angelo’s Animal Services enforces rules for dangerous dogs. If a dog is deemed dangerous by the city, owners must register the dog, maintain liability insurance, and keep the dog in a secure enclosure. Failure to comply can lead to fines, dog seizure, or criminal charges.

Practical Steps for Dog Bite Victims in San Angelo

If you’re bitten by a dog in San Angelo, take these steps to protect your health and legal rights:

1. Seek Medical Attention as soon as possible: Dog bites can cause infections or severe injuries. Document all medical visits and expenses.
2. Report the Incident: Notify the police immediately to create an official record. This is critical for potential criminal or civil claims.
3. Gather Evidence: Take photos of injuries, the attack location, the ownership of the dog and the dog (if safe). Collect witness contact information and the owner’s details.
4. Consult a Lawyer: Dog bite cases can be complex due to the interplay of the one-bite rule, negligence, and local laws. A San Angelo personal injury attorney can assess your case and pursue compensation for medical bills, lost wages, pain, and suffering.

Potential Damages

• Medical expenses (e.g., hospital bills, surgeries)
• Lost wages due to recovery time
• Pain and suffering
• Emotional distress
• Permanent scarring or disfigurement

Advice for Dog Owners in San Angelo

Dog owners can take proactive steps to avoid liability:

• Restrain Your Dog: Follow San Angelo’s leash and enclosure ordinances to prevent attacks. If your dog has a history of aggression, limit its contact with the public.
• Monitor Behavior: Be aware of any signs of aggression and address them through training or consultation with a veterinarian.
• Carry Insurance: Homeowners’ or renters’ insurance often covers dog bite liability. Confirm coverage with your provider for your breed of dog.

Why San Angelo Residents Need Legal Guidance

Dog bite cases in San Angelo involve navigating a web of state case law, local ordinances, and defenses like provocation or trespassing. For victims, proving the owner’s knowledge of the dog’s dangerousness or negligence can be challenging without legal expertise. For owners, defending against claims requires understanding potential liabilities and available defenses. Firms like Webb, Stokes & Sparks in San Angelo specialize in these cases, offering tailored guidance for both parties.

Conclusion

Dog bites in San Angelo go beyond the simplistic “one-bite rule.” Victims can pursue compensation through strict liability or negligence claims, while owners face potential civil and criminal consequences under state and local laws. By understanding the legal framework, gathering evidence, and seeking professional help, both victims and owners can navigate these cases effectively.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.