Throughout the country, states generally fall into one of two categories when it comes to owner liability in personal injury claims stemming from dog bites. Texas uses what is know as the “one bite rule,” which means that pet owners are not strictly liable for damages unless they were aware of their animal’s dangerous propensities. Other states hold owners legally responsible even if they had no inkling that their pet was capable of such an attack. But what happens when a municipality is allegedly aware of the threat a dog poses, but fails to guard against future attacks?  A tragic case from San Antonio has raised that question.

A lawsuit filed in U.S. District Court against the city of San Antonio and City Attorney Andy Segovia alleges that inadequate enforcement resulted in a man’s death. In 2021, two dogs were returned to their owner after attacking a man holding a baby, despite the fact that the animals were labeled as a “significant threat to public safety.” Less than two years later, the same dogs escaped their yard and fatally mauled 81-year-old Air Force veteran Ramon Najera Jr. and severely injured his wife. Najera’s widow alleges the city failed in its duty to protect the public by allowing their release rather than classifying them as dangerous. 

Whether the city can be held liable for a tragic decision to release a dog from impoundment remains to be seen, but if you’ve been the victim of a dog bite, there are steps you should take, such as:

• Seek medical attention — Don’t try to minimize the seriousness of an animal attack. Prioritize treatment for injuries and document them thoroughly.

• Report the incident — File a report with local animal control or law enforcement regarding the incident.

• Collect evidence — Take photos at the scene if you can, get contact information of any witnesses and collect any other available evidence related to the attack.

• Consult an attorney — The one bite rule in Texas means that you have to show that the pet owner was aware that their animal was dangerous. A skilled lawyer can help to establish liability and pursue compensation for medical bills, pain and suffering and other damages.

Hope & Causey, P.C. in Conroe represents victims of dog bites in Montgomery County, San Antonio, Houston and the surrounding areas. For a free consultation, please call 936-441-4673 or contact us online.