Understanding the Texas Dog Bite Law and what the Texas Dog Bite Law Quarantine really means
What Does The Texas Dog Bite Law Quarantine Mean?
Dogs are known to play an essential role in the lives of many Texas residents, they bring joy, love, laughter and sometimes prevent loneliness, but we also have to remember that they are still animals and have all of the animal instincts which means that at any given time they can let loose and cause damage to an individual and this is where the Texas dog bite law comes into play.
While Most states adopt the “one bite rule” meaning an owner can not be held liable for damages by a victim unless the Dog has had a history of a dog bite case in the past, Texas does not follow that Law, they rather base their’s on the rule of “Negligence“, in this scenario the victim of a dog bite would have to prove that the owner or person who is responsible for the Dog, failed to use ordinary care which led to unforeseen damages or that the owner failed to use ordinary care by failing to restrain the Dog and the Dog would thereby be Quarantined.
The Texas law that states that all dogs must be properly restrained at all times has a significant bearing on the latter; victims can now press charges against the owner in that regard and seek compensation for the damages. In most cases, the Dog is usually placed under a 10-day quarantine period regardless of its vaccination status, but after the 10-day exercise, the Dog is usually returned back to the owner. In regards to the Texas Dog Bite Quarantine Law, it is essential to Know what the Quarantine Process is all about.
What Does Texas Dog Bite Law Quarantine Entail?
In the event that your dog bit someone and a jury orders it to be quarantined for a period of 10 days, you may find yourself cursing at the unpleasant nature of the verdict and rightly so because no one ever wants to spend ten days away from their beloved pet, but what you may not know is the paramount Necessity that comes with that decision, Why the failure to do so, not only puts you at risk but your household and the entire community, you may now be wondering why? But that’s what you are about to find out.
It is no secret that dog bites give Rabies, but however it is rather damning that humans could die from it, and it’s most times usually a painful one, hence why the authorities demand that the victims get Rabies shots, but these shots in most cases are generally unpleasant. They could cost a lot, so rather than do that the procedure is to place the Dog under Quarantine which is usually an enclosed facility with provision for food and water, for a period of 10 days and see if it dies from Rabies. If he doesn’t, you get him back. If he dies and tests positive, then the victim has to get the shots, these shots are usually very painful but less painful than dying from the disease. So it is usually considered a crime if you fail to Quarantine your Dog or hide him to avoid the Quarantine process and is punishable by most State laws and not just Texas.
Contrary to what you might believe, Dog Quarantines are far from being unpleasant situations for your Dog, it’s basically like living in your regular family house, except this time it’s for a specific cause of monitoring the body changes to see if it might be infected, and unfortunately, regardless of vaccination status, it usually takes a while (10 days Maximum) to accurately or adequately ascertain if your Dog might be infected with Rabies.
How Does The Negligent Handling Rule Affect The Dog Bite Victim?
An ideal scenario would be to prove that the dog owner exhibited a lack of ordinary care that caused the victim injuries, and ‘ordinary care’ in that sense has a lot of variables that can be duly considered, a typical example would be a dog let loose into a gathering of people and in the process damaging an individual, the victim can hereby file for ‘Negligent handling’ on the path of the owner, on the grounds that a responsible dog owner would never allow a dog stray into the path of gathered people.
To recover a negligent or careless handling claim, a plaintiff must prove all of the following:
• That the defendant owned or has in his possession an animal
• The defendant has an obligation to exercise reasonable care to prevent the animal from harming others.
• The defendant could not meet up or failed to meet that duty.
• The failure to meet up with the duty or obligations resulted in the plaintiff’s injury.
What happens if a Dog is known to be vicious and dangerous?
In the case whereby the Dog in question is said to be dangerous and has caused damages in the past, then the strict liability rule comes in, whereby a victim may be able to press charges without having to prove ‘Negligence in handling’ on the path of the dog owner, the victim only has to demonstrate that the Dog was known to be dangerous before their injury.
What Happens If A Victim Decides To File For A “One Bite Rule”?
The one-bite-rule can still come into play in Texas but is not limited to it, and a victim can decide to use it in their favor in the case of a dog bite where negligence cannot be proven, but for this, the plaintiff must first prove;
• The Dog has previously bitten, or somehow acted or attempted to bite someone.
• The owner of the Dog was aware of the Dog’s previous attacks and conducts
• If neither of these terms or conditions is met, the victim cannot recover under this doctrine.
Other Texas Dog Bite Laws Include;
Negligence Per Se:
Here if an individual damages law and causes damage in which that Law was intended to forestall, that individual might be said to have acted carelessly. The carelessness precept comes in to play in dog bite situations when a dog owner or proprietor abuses creature control laws, for example, expecting canines to be on a rope.
The offended party must show that:
• There was actually a violation of a law or statute
• That the violation of Law or statute caused injuries
Landlord or Proprietor Liability
A landlord owner in Texas can be held responsible for a dog bite, if there was a failure on his path to make sure his premises was void of any known-to-be dangerous dog, if the landlord or proprietor was aware of the presence of any dangerous dog, yet fails to do the necessary to make the area safe for his residents, such as maintaining doors, gates and other barriers that could keep the Dog away from people, he would be held accountable for any dog damages.
Is Having the Beware Of Dog Sign Enough?
This is usually a need, a safe walled-in area under Texas law implies a fenced-in zone that is:
• Prevents the Dog from getting away
• Capable of keeping others from entering
• Clearly set apart as containing a risky dog.
• Inspected and affirmed by a neighborhood creature control authority
Comparative Negligence Per Se
Dog owners and proprietors in Texas are also allowed to mount a defense based on relative carelessness of the dog bite or injured individual, Depending on the achievement of the similar carelessness of carelessness, the harms granted are being diminished by the level of the offended party’s carelessness, implying that in the event that it is discovered that the offended party’s own direct was 20 percent answerable for causing the episode, the unfortunate casualty’s recuperation will be decreased by 20 percent.
Other Things To Consider Include;
Statute or Law of limitation
Statue of limitation is primarily a deadline set to file a dog bite lawsuit in Texas. Plaintiffs usually maximum of two years to initiate their lawsuit, or else they stand to lose their right to compensation forever.
What can a lawyer do for you as a dog bite victim?
A qualified dog bite lawyer can help you seek compensation for:
• Past and future medical bills
• Pain and suffering
• Lost wages
• Psychological counseling to overcome emotional trauma