Victoria Dog Bite Lawyer | Victoria Dog Mauling Lawsuit | Victoria Dog Attack Attorney
Victoria County Dog Bite Accident Attorney
Dangerous Dog Facts:
- An estimated 4.5 million people are bitten by dogs each year;
- Approximately 334,000 people are admitted to US emergency rooms annually with dog bite-associated injuries, and another 466,000 are seen in other medical settings;
- An unknown number of other people who have been bitten do not sustain injuries deemed serious enough to require medical attention;
- Almost half of all persons bitten are children younger than 12 years old; and
- People more than 70 years old comprise 10% of those bitten and 20% of those killed.
According to Zoonosis Control Division of the Texas Department of Health, domesticated dogs comprise most the dog bites in any given year. Even more shocking, Texas was the leader in dog bite fatalities in 2007, with seven fatalities stemming from dog bites that year alone. There is a regional Zoonosis office in Houston located at Texas Department of State Health Services, Zoonosis Control, 5425 Polk Avenue, Suite J, Houston, Texas 77023-1497, (713) 767-3300 for all of your needs and questions.
Responsible Dog Ownership in Victoria Definitely Can Reduce Victoria Dog Bites
As so many things in life, dog bites can be reduced by what happens in the home. A dog is not always the one to blame in the instance of a dog attack or dog bite injury. Many owners use their dogs for illegal dog fights and these dogs are victimized every bit as much as the victims of their attacks, and they too are often severely injured or even killed in dog fighting rings as they fight for their lives. Negligent and abusive dog owners should be held liable for their actions. A decision to be a responsible dog is a personal decision and one that requires responsibility. There are many places in and around Victoria, Texas to have your dog trained for obedience. Dog owners are also able to take their dog to an area designated for dogs to play. Dog parks are there so that the owner can take their dog to an area where they can run around and play in an fenced-in and safe place. Dog parks are a responsible place to take your pet to ensure that when they are running off their leash that they will not run away from you and/or cause harm to a person or another animal. Some Dog Training Facilities and Dog Park locations in the General Victoria Area include:
Kleinen Zwinger Inc
Gateway to the Gulf RV Park
Dogs should be trained and any sense of aggressive behavior exhibited by a dog should be immediately attended to by the pet owner in order to avoid a future incident. What it boils down to is that if you or a loved one have been bitten, attacked, maimed, or killed by a dog or other animal, you should be entitled to some degree of compensation from the animal’s owner or handler. Contact one of the experienced Victoria dog bite lawyers above for a consultation regarding your claim.
Texas’s “One Bite” Rule & Dog Bite Claims Based on Negligence
Texas follows the arcane “one bite rule.” This means that a pet owner is liable when:
- the owner knew that the dog had bitten someone before or had a “dangerous propensity” for biting;
- the bite was caused by the negligence of the person handling the dog;
- the bite was caused by a violation of a leash law, prohibition against dogs trespassing or running at large, or a similar animal control law; or,
- the bite injury was caused intentionally by the owner or person handling the dog.
When it cannot be proved that the dog’s owner or handler knew of the dog’s propensity to bite, negligence can form the basis of a claim. An example of a negligence-based claim could occur when the owner of a dog whose breed is notorious for its violent propensities — such as a pit bull, Rottweiler, or German Shepherd — allows their dog to run loose in a children’s park or other public area without supervision. The dog’s owner will be held liable based on negligence if the dog bites a child in the park.
However, a person does not have to be the dog’s owner to be held liable for a bite victim’s injuries. A child bitten at a day care facility for dogs could, through the child’s parents, make a claim against the pet care center, even though the dog was owned by a third party who was absent at the time of the bite. If you or a loved one has been the victim of a dog bite, you should contact a Victoria dog bite attorney to pursue your personal injury claims. Even if the dog has no prior history of aggression and has never bitten anyone before, Texas’s “one bite rule” may allow a Victoria dog bite injury lawyer to fight your claim successfully, and you deserve compensation for your injuries.
Victoria Negligence Per Se Dog Bite Lawyer
When a statute or ordinance is violated and the violation leads to an injury, this is called negligence per se.
Negligence per se is frequently found in cases of dog bites, dog maulings, and dog attacks, often resulting from a violation of:
- leash laws;
- dog trespass laws; or,
- no “free-run” laws.
Usually, these types of dog control laws and ordinances are only found in large Texas cities; however, Victoria has an ordinance requiring that dogs be "restrained" at all times. Furthermore, Victoria requires that all dogs over four months of age be licensed with the city officials. If you or a loved one has been bitten or mauled by a dog running loose in violation of the law of Victoria or Victoria County, you should contact a local Victoria dog bite attorney immediately.
Lillian’s Law (H.B. 1355)
The so-called “Lillian Stiles Law,” sponsored by Senator Eliot Shapleigh and passed in 2007, increases the jail time for owners who fail to secure their dogs in a reasonable manner, resulting in serious bodily injury or death to another. Under the law, a dog owner will be charged with a third-degree felony if their dog causes serious bodily injury to a victim during an unprovoked attack. A third-degree felony is punishable by 2-10 years of prison time as well as a potential fine of up to $10,000. If the victim dies from an unprovoked dog attack, H.B. 1355 would impose a charge of second-degree felony, punishable by up to 20 years in prison. Click here for more information on the passage of Lillian’s Law,
Texas still allows a dog to be chained up, which is not only bad policy, but also dangerous to children and others who are routinely attacked by dogs that have been chained. Lillian’s law helps protect Victoria residents from dogs that attack when not reasonably secured and allows Victoria dog bite lawyers to sue the dog owners despite lack of previous history of aggression or any provocation from the injury victim. Call a Victoria dog bite lawyer today.
Some of Texas' Laws on Dog Bites
Some of the laws are found in the Texas Health & Safety Code, Title 10, Chapter 822 Regulation of Animals:
- Subchapter A General Provisions; Dogs That Attack Persons or Are a Danger to Persons;
Subchapter D Dangerous Dogs;
- 822.041. Definitions;
- 822.042. Requirements for Owner of Dangerous Dog;
- 822.0421. Determination That Dog is Dangerous;
- 822.0422. Reporting of Incident in Certain Counties and Municipalities;
- 822.0423. Hearing;
- 822.043. Registration;
- 822.044. Attack by Dangerous Dog;
- 822.045. Violations;
- 822.046. Defense; and
- 822.047. Local Regulation of Dangerous Dogs
City of Victoria Dangerous dog Laws
ARTICLE I. - IN GENERAL
Sec. 4-1. - Definitions.
As used in this chapter, the following terms shall have the respective meanings ascribed to them:
Animal: Any vertebrate creature, whether domestic or wild.
Animal shelter: Any facility operated by a humane society, or municipal or other governmental agency for the purpose of impounding or caring for animals held under the authority of this chapter or state law.
Auction: Any place or facility where animals are regularly bought, sold, or traded, except for such facilities which are otherwise defined in this chapter.
Cat: Any member of the family Felis domestica.
Commercial animal establishment: Any pet shop, grooming shop, auction, zoological park, kennel or small animal facility. This term shall not include animal shelters or veterinary hospitals, as those terms are herein defined.
County: Victoria County.
Dangerous dog: Any dog that:
(1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
Director: Director of the city-county health unit.
Dog: Any member of the family Canis familiaris.
Fowl: Chickens, turkeys, ostriches, emus, rheas, pheasants, ducks, geese, pigeons, and all similar domestic birds and poultry, whether kept for use or pleasure.
Grooming shop: Any facility where animals are bathed, clipped, plucked or otherwise groomed for a fee.
Harbor: Any animal shall be deemed harbored if it is fed, sheltered or maintained for three (3) days or more.
Humane society: Any organization for the prevention of cruelty to animals incorporated under the laws of the state.
Kennel: Any facility used for the business of boarding, breeding, or training of dogs or cats for a fee.
Livestock: Includes horses, mules, donkeys, cattle, sheep, goats, hogs, and all similar domestic animals, whether kept for use or pleasure.
Owner: A person who owns or has responsibility for the care and control of an animal or who permits an animal to remain on or about his premises.
Pet: Any animal kept for pleasure rather than utility.
Pet shop: Any place or facility used for the business of buying, selling, or trading pets.
Public nuisance animal: Any animal determined by the municipal court judge to constitute a public nuisance in accordance with section 4-46 of this chapter.
Releasing agency: Any public or private animal pound, shelter, or humane organization. The term does not include an individual who occasionally renders humane assistance or shelter in the individual's home to a dog or cat.
Restraint: The securing of an animal by a leash or lead, or by physical confinement within the real property limits of its owners or confined within a motor vehicle.
Riding school or stable: Any establishment open to the public that keeps one (1) or more equine animals for hire for recreational purposes for riding or driving.
Small animal facility: Any place or facility used for the business of breeding or raising rats, mice, hamsters, rabbits, mink, guinea pigs, or other similar small animals for profit.
Veterinarian: A veterinarian licensed to practice in the state.
Veterinary hospital: Any facility operated by a veterinarian for the diagnosis and treatment of animal injuries and diseases.
Vicious animal: Any animal other than a dangerous dog that constitutes a physical threat to persons or to other animals.
Wild animal: Any animal normally found in the wild state and all reptiles (including snakes) that are poisonous or exceed eight (8) feet in length.
Zoological park: Any place or facility where wild animals are kept for purposes of display or exhibition; provided that such facilities operated by any governmental agency shall not be included in this term.
(Ord. No. 92-12, § 1, 4-21-92; Ord. No. 93-13, § 1, 5-18-93; Ord. No. 00-18, § 1, 8-1-00)
Sec. 4-2. - Enforcement officer—Director.
The director shall enforce the provisions of this chapter. Unless otherwise provided, the director may designate representatives to carry out any duties assigned by this chapter to such director.
(Ord. No. 92-12, § 1, 4-21-92)
Sec. 4-3. - Same—Chief animal warden.
The office of chief animal warden for the city is hereby established. The chief animal warden for the city shall be appointed by the director. It shall be the duty of the chief animal warden and designated animal control representatives to enforce all provisions of this chapter relating to the care, control, and impoundment of animals.
(Ord. No. 92-12, § 1, 4-21-92; Ord. No. 93-13, § 2, 5-18-93)
Sec. 4-4. - City animal shelter.
(a) The chief animal warden shall establish and maintain the city/county animal shelter at such place as may be designated by the city council or as may be mutually agreed by the city and county.
(b) The city/county animal shelter shall be used for the impoundment of animals found running at large within the city limits, and for such other purposes as may be prescribed by the provisions of this chapter, and for such other purposes as may be prescribed by the county.
(Ord. No. 92-12, § 1, 4-21-92; Ord. No. 93-13, § 3, 5-18-93)
Sec. 4-5. - Wild, vicious animals; dangerous dogs.
(a) No person shall keep, raise, feed, or maintain any wild or vicious animal for purposes of display or exhibition, whether gratuitously or for a fee; provided, that this section shall not apply to zoological parks.
(b) No person shall sell or keep any wild animal as a pet.
(c) No owner of a vicious animal shall fail to confine such animal within a building or secure enclosure, nor fail to securely muzzle or cage such animal whenever off such owner's premises.
(d) An owner of a dangerous dog shall comply with Texas Health and Safety Code Ann., section 822, Subchapter D, Dangerous dogs, as such Subchapter may hereafter be amended or renumbered.
(Ord. No. 92-12, § 1, 4-21-92)
Secs. 4-6—4-19. - Reserved.
Family Bystander Mental Anguish Claims
Texas recognizes the right of bystanders to recover damages for mental anguish caused by witnessing an accident, with the following limitations: the bystander must be a parent or child of the victim and the victim must have been killed or severely injured in the animal attack or mauling. Therefore, if you have witnessed a close family member mauled or bitten by a dog, you may want to pursue legal action on behalf of the injury victim as well as your own claims for witnessing such a horrific event. Contact a Victoria dog bite lawyer today to discuss bystander and mental anguish claims.
Negligence Based on Failure to Stop an Attack
A Texas dog owner owes a duty to attempt to stop his dog from attacking a person after the attack has begun. This is a civil duty, meaning that the Victoria dog bite victim can sue for monetary damages if the dog owner does not attempt to stop the attack.
If you or a loved one have been bitten or mauled by a dangerous dog in Victoria or Victoria County, TX, please contact one of the experienced Victoria dog bite injury lawyers listed on this page.
What Should You Do if You Have Been Bitten by a Dog?
- Make every attempt to keep the animal in sight, find its owner, and obtain the owner’s contact information, preferably verified by their photo ID.
- Immediately wash the wound out with soap and warm water.
- Make sure that you are up to date on your tetanus shots.
- Seek the help of a physician or visit a local hospital.
- Report the bite to the Victoria Planning and Development Services Department (contact information below).
- Seek the help of a Victoria dog bite attorney, if necessary, and maintain copies of all medical records and other relevant evidence.
For more information on dog bites and their victims, visit DogsBite.org
Dog Bite Reporting:
If you would like to report a Victoria area or Victoria County dog bite or ask other questions pertaining to veterinary public health, do not hesitate to contact the Victoria Planning and Development Services Department office at:
A variety of animal training classes and services are offered by the Victoria City-County Animal Shelter. The Victoria City-County Animal Shelter may be reached at:
Victoria City-County Animal Shelter
Contact one of the experienced Victoria dog bite lawyers above for a consultation regarding your claim.
Personal Injury Attorneys Serve Victoria and Surrounding Cities
Serving clients throughout Southeastern Texas, including Aloe, Angel City, Bloomington, Carr, Chipley, Cuero, Dacosta, Dernal, Dupre, Edna, Edna - Cordele, Fannin, Fordtran, Goliad, Guadalupe, Inez, Kamey - Six Mile, La Ward, Lolita, Louise, McFaddin, Meyersville, Mission Valley, Nursery, Nordheim, Placedo, Port Lavaca, Quail Creek, Raisin, Runge, Telferner, Tivoli, Vanderbilt, Weesatche - Ander, Yorktown and other communities in Victoria County.
If you or a loved one has suffered an injury, please contact one of the experienced Victoria County dog bite lawyers listed on this page.