Small Claims Court for Dog Bite? (Austin, Roma: insurance, how much, houses)

[verybadgnome]

So I was walking my dog Saturday when two dogs came up to my dog on the sidewalk. They got in my dog's face and were aggressive and as I was walking away one of them got me on the back of my leg. Austin Animal Control guy came out and took a statement from me after which we went to the scene of the incident. There I could see one of the dogs in the backyard behind a chain link fence. Luckily the AC guy got verification of updated rabies vaccinations from one of the residents there. I did go to the ER and had to get an antibiotic for a total of $110 out of pocket (at this point at least as my insurance could always come back to me asking for more).

I heard that Texas has a one bite rule where if the owner is not aware the dog is aggressive (of course he could pretend to be ignorant too) is not liable for the first bite.
Is this true? Do I have any recourse? The money isn't too big a deal but I want to hammer home the idea that letting your dogs free to roam (I doubt they escaped) is not acceptable.

[loves2read]

don't know how accurate this info is but my next door neighbor (over 70 but in great shape) was walking his dog --small Yorkie under 2 lbs--on street in our neighborhood about 5 houses down from his when two bulldogs managed to get out of their yard/or just away from their owners and attack his dog---really without any heads up like surrounding and barking first--they just jumped the little dog on his leash--
my neighbor had to protect his dog by covering it with his body--not the wisest move obviously--and they attacked him--
the owners had hard time getting the dogs off

our neighbor had to have stitches--his dog was hurt but survived the attack

we were told later --when he sued them--that they had moved to our neighborhood because of complaints about the dogs at their old neighborhood
they would walk those dogs late at night when no one was on the street and are still living in our neighborhood as far as I know

our neighbor did not talk about the law suit but apparently got a settlement

your homeowners' insurance is supposed to give some type of coverage if your pet bites someone--not sure how much base coverage or if it can be cancelled based on breed of dog or previous claims

what did the animal control officer say--they are usually well versed in what the law is regarding animal bites and owners' liability

ALL dogs are supposed to be on leash if they are out of their yard--I think that is rule in any incorporated town--
IF your neighbors have past history of having dogs get out of yard and run unsupervised in neighborhood that is probably a fine-able offense as well...

we have another homeowner in my old neighborhood with a great dane that can jump the backyard fence -- he has done it in past--and attacked another dog that was loose in neighborhood from neighborhood next to ours--older irish setter that was non-aggressive and frankly in pretty poor physical shape from age--
it took a neighbor with a golf club to get the great dane to let go of that irish setter--

my husband walks most mornings and he at first would carry a short chain dog leash with him but after those two incidents decided that was not enough protection and started taking his nine iron...carries it in the new neighborhood as well although frankly there are not as many loose dogs here

[Poltracker]

Read the Texas Health and Safety Code Title 10 Chapter 822 regarding rules for dangerous dogs and declaring dangerous dogs, etc. http://www.statutes.legis.state.tx.us/Index.aspx

There is no such thing as the one bite rule, that is an urban myth. The owner is completely libel for any actions or damages by his pet and can be sued. His home owner's insurance may cover it, but more and more are specifically excluding dog bite coverage. Make sure that the animal control authority in your area declares the dog a dangerous dog as they may not do this. If the dog is declared Dangerous then the homeowner will have to purchase special insurance coverage and comply with more specific laws.

[AusParent]

It seems that Texas does have something akin to a "one bite rule":

http://recenter.tamu.edu/pdf/1683.pdf

[Poltracker]

Originally Posted by AusParent

It seems that Texas does have something akin to a "one bite rule":

http://recenter.tamu.edu/pdf/1683.pdf

This document predates the new laws that written and went into effect in 2007. However, even under this document, negligence would come into play in the OPs case as the dogs were not properly confined.

[love roses]

My border collie was in the front yard with us once, unleashed, and a neighborhood teenager walked by and for some reason he nipped at her and it broke the skin. A border collie isn't one breed usually characterized as vicious or aggressive (he was a puppy at the time and I found out later that they have a very strong herding instinct then and have a tendency to chase people to "herd" them; it has to be trained OUT of them). I guess this is what he tried to do, and her trying to run away from him when he walked up to her didn't help matters any Even the AC person was surprised to get a call about a Collie. She said from the description the complainant gave she thought she would be dealing with a rabid Rottie or something. Thankfully, she was aware of their "herding" mentality.

Anyway, since it was his first offense the animal control officer who was called came to the house and asked to see his rabies shot record (which we had), but because he bit someone and it broke the skin, he had to be quarantined at a place of our choosing for abt. 5-10 days. After that time, he was allowed home. The only thing the AC Officer told us later is that he needed to be on leash in the front yard. Second offense is more severe. You have to give them up for Euthenasia (sp!)

[AusParent]

Originally Posted by Poltracker

This document predates the new laws that written and went into effect in 2007. However, even under this document, negligence would come into play in the OPs case as the dogs were not properly confined.

I'm not trying to argue with you but trying to understand (current) law. Reading the statute, it appears that the owner does have to know that the animal is dangerous for liability to be established (assuming that other liability like negligence cannot be established):

HEALTH AND SAFETY CODEÂ*Â* CHAPTER 822. REGULATION OF ANIMALS
822.005 (a)(2)

For example, if your dog bit someone 1) in public, 2) on leash, 3) without your goading, and 4) with no previous history or inclination, how would you be liable under this statute?

[derekv]

Originally Posted by AusParent

I'm not trying to argue with you but trying to understand (current) law. Reading the statute, it appears that the owner does have to know that the animal is dangerous for liability to be established (assuming that other liability like negligence cannot be established):

HEALTH AND SAFETY CODEÂ*Â* CHAPTER 822. REGULATION OF ANIMALS
822.005 (a)(2)

For example, if your dog bit someone 1) in public, 2) on leash, 3) without your goading, and 4) with no previous history or inclination, how would you be liable under this statute?

You wouldn't be liable under this statute, however that doesn't mean that you aren't liable for tort damages.

[badhornet]

How do we know your dog didnt say something to the other dogs? Sometimes these "My master is better then your master'' arguments lead to a tussle.

[verybadgnome]

Originally Posted by badhornet

How do we know your dog didnt say something to the other dogs? Sometimes these "My master is better then your master'' arguments lead to a tussle.

I wouldn't think it mattered since it was on a public sidewalk. Anyway they approached me and my dog growling initially. Also there master wasn't there as they were "patrolling" the front yard.

I think if my insurance doesn't cover this (never assume) I'll have to do something. $100 I can forget but any more than that I would personally consider an issue.