Carrollton Dog Bite Lawyer | Carrollton Dog Mauling Lawsuit | Carrollton Dog Attack Attorney
Dallas 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 Arlington located at Texas Department of State Health Services, Zoonosis Control, 1301 S. Bowen Road, Suite 200, Arlington, TX 76013, (817) 264-4500 for all of your needs and questions.
Responsible Dog Ownership in Carrollton Definitely Can Reduce Carrollton 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 Carrollton, 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 Carrollton Area include:
All Dogs Unleashed
2460 Lacy Lane
Carrollton, TX 75006
Dog City Training Center
15559 Wright Brothers Drive
Addison, TX 75001
Man's Best Friend
2641 Westgrove Drive
Carrollton, TX 75006
PAWS UP Dog Training
1201 Noble Avenue
Carrollton, TX 75006
Redding Trail Dog Park
14677 Proton Drive
Addison, TX 75244
Wagging Tail Dog Park
5841 Keller Springs Road
Dallas, TX 75248
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 Carrollton 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 Carrollton 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 Carrollton dog bite injury lawyer to fight your claim successfully, and you deserve compensation for your injuries.
Carrollton 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, Carrollton has an ordinance requiring that dogs be "restrained" at all times. Furthermore, Carrollton 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 Carrollton or Dallas County, you should contact a local Carrollton 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 Carrollton residents from dogs that attack when not reasonably secured and allows Carrollton dog bite lawyers to sue the dog owners despite lack of previous history of aggression or any provocation from the injury victim. Call a Carrollton 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
ARTICLE I. - IN GENERAL
Sec. 6-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal means a warm-blooded animal.
Cat means a domestic feline (Felis catus) of either sex, including one neutered or sterilized.
Dog means a domestic canine (Canis familiaris) of either sex, including one neutered or sterilized.
Domestic animal means dogs, cats, rabbits, rodents, and any other species of animal which is sold or retained as a household pet, but shall not include skunks, nonhuman primates, and any other species of wild, exotic or carnivorous animal that may be further restricted in this chapter.
Harboring means the act of keeping and caring for an animal, or of providing a premises to which the animal returns for food, shelter or care for a period of ten days.
Impoundment means quarantining an animal in a designated detention site which is under the supervision of the county health officer or his representative.
Owner means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity who has the right of property in an animal, or who harbors any animal, or allows an animal to remain about its premises for a period of ten days.
Person means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.
Quarantine means strict confinement under restraint by closed cage or paddock or in any other manner approved by the state department of health or its designee on the private premises of the owner or at a facility approved by the state department of health or its designee for a period of at least ten days or more as prescribed by the county health officer.
Rabies means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal.
Rabies vaccination means the vaccination of a dog, cat or other domestic animal with a modified live virus rabies vaccine which shall be administered only by or under the direct supervision of a veterinarian.
Running at large means pertaining to any animal off the premises of the owner and not under the physical, visible or audible control of the owner or his authorized representative. An animal intruding upon the property of another person other than the owner shall be termed "running at large."
Stray means any animal that is allowed to run free with no physical restraint beyond the premises of the owner or for which there is no identifiable owner.
Veterinarian means a veterinarian licensed to practice veterinary medicine in the state.
Vicious animal means any animal that commits an unprovoked attack upon a person on public or private property, or that attacks, threatens to attack or terrorizes a person on public property or in a public place.
Wild animal means all species of animals which exist in a natural unconfined state and are not usually domesticated.
(Ord. No. 82-1598, § 1, 10-4-1982)
Cross reference— Definitions generally, § 1-2.
Sec. 6-2. - Penalties for violation of chapter.
(a) Violation of dog and cat vaccination requirements. An owner commits an offense if he fails or refuses to have each dog and cat he owns vaccinated against rabies, and such animal is required to be vaccinated under the provisions of article III, division 2 of this chapter. An offense under this subsection is a class C misdemeanor.
(b) Violation of animal quarantine requirements. An owner commits an offense if he fails or refuses to quarantine or present for quarantine any animal which is required to be placed in quarantine under the provisions of article III, division 4 of this chapter. An offense under this section is a class C misdemeanor.
(Ord. No. 82-1598, § 8, 10-4-1982)
Sec. 6-3. - Fees; licenses; permits.
The county health officer, with the consent and approval of the commissioners court shall establish a schedule of fees for impoundment or quarantine which are on file in the county health and human services department.
(Ord. No. 82-1598, § 7.2, 10-4-1982)
Secs. 6-4—6-30. - Reserved.
Sec. 91.032. - Dangerous dog determination.
For the purpose of this chapter, dangerous dog shall mean:
(A) Any dog that has attacked or bitten any person more than once; or
(B) Any dog that has attacked or bitten one person causing "serious bodily injury" including multiple bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization, without regard to whether the person actually sought medical attention.
(Am. Ord. 2891, passed 5-18-04)
Sec. 91.033. - Seizure of a dangerous dog.
(A) The Director may seize a dog that has been determined dangerous in accordance with section 91.032 of this chapter. A dog seized under the provisions of this section must be supported by:
(1) A sworn complaint of any person, including an Animal Services Officer, that the dog has attacked more than one person or is responsible for causing serious bodily injury to a person by attacking, biting or mauling the person; or
(2) Probable cause to believe that the dog is responsible for biting more than one person or causing serious bodily injury to a person by attacking, biting or mauling the person.
(B) The Director shall determine that the dog is dangerous and seize the dog or order its seizure and shall provide for the impoundment of the dog in secure humane conditions until a hearing is conducted in municipal court to determine the final disposition of the dog.
(Am. Ord. 2891, passed 5-18-04)
Sec. 91.034. - Hearing.
(A) The Director will schedule a hearing in municipal court, within ten business days from the date the dog was seized, to determine whether the dog is responsible for biting more than one person or causing serious bodily injury to a person. The intent of this hearing is to determine if the dangerous dog should be released to the owner or immediately euthanized.
(B) The Director shall give written notice of the time and place of the hearing to:
(1) The owner of the dog or the person from whom the dog was seized; and
(2) The person who made the complaint; and
(3) The victim of the attack.
(C) Any interested party, including the Director, Animal Services Officer, City Attorney or the person signing the complaint, is entitled to present evidence at the hearing.
(D) The court may order the dangerous dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting or mauling the person or if the dangerous dog poses a significant threat to public health and safety. If this finding is not made, the court may order the dangerous dog released to:
(1) Its owner;
(2) The person from whom the dog was seized; or
(3) Any other person authorized to take possession of the dog.
(E) The court may not order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting or mauling the person in the following manner:
(1) The dog was being used for the protection of a person or person's property and the attack, bite or mauling occurred in an enclosure in which the dog was being kept; and
(2) The enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and
(3) The injured person was at least ten years of age and was trespassing in the enclosure when the attack, bite or mauling occurred; and
(4) At the time of the bite, attack or mauling the dog was not in violation of any of the provisions of this chapter.
(Am. Ord. 2891, passed 5-18-04)
Sec. 91.035. - Destruction of a dangerous dog.
(A) The order to destroy a dangerous dog will result in the euthanasia of the dangerous dog not later than 24 hours from the time the order was issued by the court.
(B) The destruction of the dangerous dog under this section must be completed by:
(1) A licensed veterinarian; or
(2) An Animal Services Officer who is trained in the humane euthanasia of animals.
(Am. Ord. 2891, passed 5-18-04)
Sec. 91.036. - Release of dangerous dog.
(A) Any dangerous dog released under the provisions of section 91.034 must comply with the following:
(1) Owner provides proof that a liability insurance policy has been obtained for the dangerous dog in the amount of $100,000; and
(2) Register the dog as a dangerous dog with the city for an annual fee. The animal shelter will provide a registration tag to the owner, which must be placed and remain on the dog's collar; and
(3) Provide enclosure for the dangerous dog, which is of sufficient strength to reasonably prevent the dog from escaping. This enclosure must be inspected and approved by the Director before the release of a dangerous dog.
(B) The owner will have 20 days to provide proof of compliance with this section before the dog will be released to the owner. Failure to comply within 20 days will result in the dog being humanely destroyed as outlined in section 91.035. The owner reclaiming a dangerous dog must also comply with the following:
(1) Dangerous dogs reclaimed by their owner must be kept in a secure location on the owner's property. The Director must approve this location before such animal is released to their owner; and
(2) Must maintain current rabies vaccination; and
(3) Must ensure dangerous dog remains in an approved enclosure when not in the control of owner by means of leash, chain or lead of sufficient strength to maintain control of such dog.
(C) A person commits an offense by violating any of the provisions outlined in this section.
(Am. Ord. 2891, passed 5-18-04)
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 Carrollton 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 Carrollton 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 Carrollton or Dallas County, TX, please contact one of the experienced Carrollton 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 Carrollton Planning and Development Services Department (contact information below).
- Seek the help of a Carrollton 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 Carrollton area or Dallas County dog bite or ask other questions pertaining to veterinary public health, do not hesitate to contact the Carrollton Planning and Development Services Department office at:
A variety of animal training classes and services are offered by the Humane Society of Dallas County. Humane Society of Dallas County may be reached at:
Contact one of the experienced Carrollton dog bite lawyers above for a consultation regarding your claim.
Personal Injury Attorneys Serve Carrollton and Surrounding Cities
Serving clients throughout Central Texas, including Addison, Audelia, Balch Springs, Bedford, Buckingham, Cedar Hill, Carrollton, Cockrell Hill, Colleyville, Colony, Coppell, Dallas, Dalrock, DeSoto, Duncanville, Farmers Branch, Flower Mound, Garland, Glenn Heights, Grand Prairie, Grapevine, Hebron, Hutchins, Irving, Lancaster, Lewisville, Mesquite, North Branch, Plano, Richardson, Rowlett, Sachse, Seagoville, Southlake, Sunnyvale, Trinity Mills, University Park, Wilmer, areas in the vicinity of Dallas-Ft. Worth International Airport, and other communities in Dallas County and Denton County.
If you or a loved one has suffered an injury, please contact one of the experienced Dallas County dog bite lawyers listed on this page.