What is the responsibility of a Dog owner when they bite?

My child was attacked by a dog when he was at his baby sitter’s home.  The dog has a history of biting children, but has never injured anyone.  Is there any way we can recover the medical expenses or be compensated for his scarring?

ANSWER:

The short answer to your question is that it depends.  The laws in Texas generally allow for recovery for damages caused by animals, especially when they are vicious.  There are some limitations, However.  Quite often liability theories to recover damages for a dog bite are can be based upon the local City ordinances for the city where the attack too place that relate to the control of animals.  The facts of each individual case, and the city the attack happened in are very important in determining there if there is liability.

Assuming for a moment there is a legal theory under which you would be able to hold the dog owner responsible, the next question in the analysis is whether or not there is a way to actually recover any damages that your child has suffered.  By that I mean is there a financial resource, such as insurance policy that can be triggered to compensate your son.  If an animal owner owns their own home, there is a good possibility they maintain homeowner’s insurance.  This type of insurance generally provides coverage for the scenario you present.  Similarly, if the owner does not own their home, but rather rents an apartment or house, it is possible that they maintain renter’s insurance.  Renter’s insurance in this situation would function in the same manner as home owner’s insurance, and would be available to compensate you.  If there is no insurance available, you must look to the assets of the animal owner to see if a judgment for damages can be satisfied.  I have come across situations where there are no assets or insurance to compensate victims.  In such a situation, the only likely source of recovery is the health insurance of the victim.  Regardless, it is advisable to conatact a Texas dog bite attorney to fully understand your rights.