Proving Owner Knowledge in Dog Bites

If you love dogs, like countless folks, you may have enjoyed the satisfaction of petting a new furry friend at the park or a loved one’s home. Having Fido around can certainly enrich life for many. A dog’s company can be so therapeutic that, at times, it can feel that they are just short of talking. The reality is that while dogs can offer invaluable company, they can’t express themselves in the same way humans can. 

Knowing when a dog is in pain or triggered can be difficult when we are not familiar with that particular pet. However, learning a pet’s triggers and behavior is the owners’ responsibility so that both the dog and those around it can stay safe. When a dog is triggered and bites, it’s important to have all the facts straight to move forward fairly for the victim’s compensation. When owner negligence causes a tragedy, it’s essential to take the right steps to justice by proving owner knowledge in dog bites.

What Constitutes Owner Knowledge?

Simply put, owner knowledge means a dog’s owner was aware of signs that their dog had aggressive tendencies. In Texas, this is defined by the Texas Health and Safety Code § 822.041 – § 822.044. Texas Law requires owners of aggressive dogs to take the following actions within 30 days of learning about the dog’s dangerous tendencies:

1. Register the dog with animal control.
2. Restrain the dog at all times, either on a leash or a secure enclosure.
3. Obtain liability insurance coverage or show financial responsibility of at least $100,000 to cover bodily damages caused by an attack. The owner must provide proof to the local animal control agency.
4. Comply with applicable municipal or county regulations.

Evidence to Prove Owner Knowledge

Usually, when a dog exhibits aggressive tendencies, there are people involved, and many situations leave a paper trail. After a dog bite, it is crucial to document the circumstances and sequence of events, as well as the resulting injuries and actions taken immediately after. You can consider the following items as evidence of owner knowledge of their dog’s dangerous behavior.

• Witness statements and testimonies
• Past incidents involving the dog 
• Veterinary and animal control records
• Social media and other public postings

Common Defenses by Dog Owners

Coming to terms with the aftermath of a dangerous dog’s aggression can be overwhelming to all parties involved. No one likes to think of man’s best friend as an enemy. Unfortunately, even though it shouldn’t happen, the fear brought on by these types of tragedies can lead to an owner lying about the dog’s history after a dog bite. Dog bite defendants often employ defenses such as lack of prior knowledge, provocation by the victim, and trespassing or unlawful entry.

Lack of prior knowledge

Owners of dangerous dogs may claim that the dog had never exhibited aggressive behavior before the incident, especially when faced with a possible lawsuit. Keep a written record of any mention or even a hint that the owner makes of an aggressive history.

Provocation by the victim

Similarly, dog bite cases often involve the owners alleging that the dog’s actions were merely a response to provocation. Texas law defines provocation as teasing, startling, or harming the dog. According to the Texas Department of Health and Human Services, almost 50% of dog bites result from provocation. Notably, what an animal can consider provocation may be very different from what a person does. Consequently, knowing how to act around dogs can help avoid a dog bite. 

Veterinary or animal behavior experts are commonly employed to assess the context of the victim’s actions and the dog’s response to determine if there was a provocation. Courts typically use a reasonable person standard when evaluating whether a reasonable person would expect the dog’s reaction to the victim’s actions. 

Trespassing or unlawful entry

Owners can try to argue in favor of their pet if the victim did not have prior authorization to be on the property where the dog attacked. However, this does not exhume the owner from all responsibility. If an owner knows their dog has dangerous tendencies, they are responsible for putting up the proper signage alerting passersby. Depending on the specific facts of the situation, an owner may still be held liable for their dog’s attack.

Steps to Take After a Dog Bite

After a dog attack, you must take the right actions to set your best foot forward on the way to recovery. 

• Medical attention: Immediately following the event, victims should seek medical attention, no matter the size of the injury. Getting appropriate medical attention can prevent serious infections and aid in repairing extensive lacerations. Keep in mind that even if the animal was small, life-threatening illnesses such as rabies or sepsis can arise from untreated wounds. Getting immediate medical attention is essential.
• Reporting the incident to authorities: Reporting the attack to authorities as soon as possible can help preserve more accurate information and evidence of the attack. Not only can it help in a potential lawsuit, but it can also prevent someone else from getting injured.
• Gathering evidence and documentation: Keep a written record of everything that happened. Preserve copies of the event report along with relevant medical records. Consider taking photos or having someone else take photos of the injuries, the dog, and the place of the incident before leaving the place of the attack if you can do so safely.

The Carlson Law Firm’s Attorneys Can Help With Your Dog Bite Case

Contrary to popular belief, breed does not determine whether a dog will bite. Instead, the dog’s history and environment will influence the likelihood of how it will respond to triggers. The person who knows a dog best is its owner, and they are ultimately responsible for their pet’s behavior. There are ways to seek justice when a dog owner’s carelessness results in a tragedy, and knowing how to apply the law is everything in these cases. Our experienced attorneys are well-versed in the legal processes required to successfully pursue a dog bite case. For many dog bite victims, this experience can be frightening, but our legal team can help with compassion and determined advocacy. We care, and we can help.