Deer Park Dog Bite Lawyer | Deer Park Dog Mauling Lawsuit | Deer Park Dog Attack Attorney
Harris 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, (713) 767-3300 for all of your needs and questions.
Responsible Dog Ownership in Deer Park Definitely Can Reduce Deer Park 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 Deer Park, 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 Deer Park Area include:
The Pet Palace
A Plus Dog Obi
Sweet Home Pet Sitting
Ervan Chew Dog Park
Boneyard Dog Park & Drinkery
8150 Washington Avenue
Houston, TX 77007
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 Deer Park 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 Deer Park 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 Deer Park dog bite injury lawyer to fight your claim successfully, and you deserve compensation for your injuries.
Deer Park 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, Deer Park has an ordinance requiring that dogs be "restrained" at all times. Furthermore, Deer Park 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 Deer Park or Harris County, you should contact a local Deer Park 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 Deer Park residents from dogs that attack when not reasonably secured and allows Deer Park dog bite lawyers to sue the dog owners despite lack of previous history of aggression or any provocation from the injury victim. Call a Deer Park 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
Harris County Dangerous Dog Laws
Harris County has its own set of laws concerning dangerous dogs:
Not later than the 30th day after a person who owns or has custody or control of a dog learns that he/she owns or has custody or control of a dangerous dog, the person must:
Register the dangerous dog with HCPHES VPH. The dog will be registered by HCPHES VPH only after the following conditions have been met: Payment of an annual registration fee of $50.00 to HCPHES VPH;
The person who owns or has custody or control of the dog provides proof that the dangerous dog has been spayed or neutered. The only exceptions to this spaying or neutering requirement shall be if HCPHES VPH or a licensed veterinarian confirms in writing that either the dog is past the age for breeding, or its condition otherwise makes it inadvisable to spay or neuter the dog.The person who owns or has custody or control of the dog obtained liability insurance coverage or showing financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and has provided proof of the liability insurance/financial responsibility to HCPHES VPH.The dangerous dog has been implanted with an identifying computer microchip compatible with the scanning equipment utilized by HCPHES VPH. The information contained in the microchip must be reported to HCPHES VPH.
The person who owns or has custody or control of the dog has obtained prior approval from HCPHES VPH that the enclosure is constructed to satisfy the secure enclosure requirement set forth in subsection C, below.Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure, as described in subsection C., below.Notify HCPHES VPH of any attack the dangerous dog makes on a person within forty-eight (48) hours of the attack.
Upon registration, the dangerous dog, shall:
be issued a tag and the tag must be displayed on the animal at all times; wear a collar at all times which is bright orange and contains the words "Dangerous Dog" in big black lettering. This collar may be purchased from HCPHES VPH when the dog is initially registered or a collar substantially similar to the HCPHES VPH collar is acceptable as an alternative or replacement; be transported only within a fully enclosed vehicle and a "Dangerous Dog" sign must be posted in a window on each side of the vehicle. To qualify as a “secure enclosure” under subsection A (2), above, the following requirements must be met;: The dangerous dog must be kept in a secure enclosure which prevents the dog from escaping as well as protects the general public from physical access to and/or contact with the dog.
The secure enclosure shall: have a cement floor, unless another material and/or the construction used is as good as a cement floor in preventing the dog from digging or escaping from the enclosure; have a cover or fixed top if the dog is capable of climbing or jumping; have walls which consist of not less than nine (9) gauge chain link or equivalent. Whether a structure qualifies as a "secure enclosure" is subject to HCPHES VPH's approval, and, in this connection:
the person who owns or has custody or control of an animal must give HCPHES VPH reasonable access to inspect the enclosure; HCPHES VPH may require the person who owns or has custody or control to make structural changes within a certain reasonable time to make the enclosure secure; and a structure shall be deemed not to qualify as a secure enclosure if the person who owns or has custody or control does not give HCPHES VPH reasonable access to inspect the enclosure or if structural changes required by HCPHES VPH are not performed. The secure enclosure must be clearly marked as containing a "Dangerous Dog" on each side of the enclosure. Signs may be obtained from HCPHES VPH when the dog is initially registered. Signs substantially similar to those available through HCPHES VPH will fulfill the requirements of this section.
When the dangerous dog is outside of the secure enclosure, the dog must be controlled by a line or leash not more than six (6) feet in length; the line or leash must be held by a person capable of controlling the dog; and the dog must be humanely muzzled. If the dangerous dog is transferred to a new location, not later than the 7th day after the date of the transfer the person who owns or has custody or control shall notify HCPHES VPH of the change of location and provide the address of the new location of the dog. If ownership, custodianship, or control of the dog changes, the name and address of the new person who owns or has custody or control must be provided to HCPHES VPH. In connection with a change in the ownership, custodianship, or control of a dangerous dog: If the new person who owns or has custody or control resides in Harris County, HCPHES VPH will notify the new person who owns or has custody or control that the dog is a dangerous dog; that the registration of a dangerous dog is not transferable; and that the new person who owns or has custody or control is subject to the requirements of these Regulations. When any person in Harris County becomes the owner, custodian, or controller of a dog that has been previously declared dangerous under these Regulations, within fourteen (14) days of receipt of the dog or notice that the dog has been previously declared dangerous (whichever occurs first in time), the new person who owns or has custody or control shall register the dog as required by these Regulations. If the new person who owns or has custody or control is not located in Harris County, HCPHES VPH will notify the new person who owns or has custody or control and the appropriate animal control authority in the area where the dog has been transferred that the dog has been previously determined to be a dangerous dog in Harris County.
Compliance with these Regulations for dangerous dogs is in addition to and concurrent with compliance with rabies control rules and quarantine requirements as set forth in these Regulations and under state law.
SECTION 9. VIOLATIONS AND ENFORCEMENT OF DANGEROUS DOG RESTRICTIONS
A person who owns or has custody or control of a dangerous dog commits an offense if the person fails to comply with any provision of Section 8 of these Regulations. An offense defined in this section is a Class C misdemeanor unless it is shown at trial that the defendant has previously been convicted of a violation identified in this section, in which case an offense is a Class B misdemeanor. Each violation of these Regulations constitutes an act in contempt of Commissioners Court. Commissioners Court has the power to enforce its orders by civil contempt and may punish contempt by fine or imprisonment pursuant to Section 81.024 of the Local Government Code. Each and every day a person fails to comply with these Regulations is a separate violation.The restrictions and requirements of Sections 8 of these Regulations may be enforced concurrently with Chapter 822, Subchapter D, of the Texas Health and Safety Code, as amended. These Regulations do not restrict or limit the power of the County or State to choose to prosecute any person for criminal or civil penalties pursuant to that subchapter in addition to or as an alternative to prosecution under these Regulations.
If any person violates any provision of Section 8 so that there is a threat to public health and safety, HCPHES VPH may notify the County Attorney and request authorization from Commissioners Court to file suit to enjoin the violation.
SECTION 10. DEFENSES
It is a defense to prosecution under these Regulations that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody or control of the dog in connection with that position. It is a defense to prosecution under these Regulations that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. It is a defense to prosecution under these Regulations that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4413)(29bb), Vernon's Texas Civil Statutes).
SECTION 11. REGULATION OF SALE AND SOLICITATION OF LIVE ANIMALS
The sale of live animals is banned if it occurs on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot. The erection, maintenance, or placement of a structure by a vendor of live animals is banned from a public highway or road, in the right-of-way of a public highway or road, or in a parking lot.
SECTION 12. VIOLATIONS AND ENFORCEMENT OF SALE AND SOLICITION OF LIVE ANIMALS.
A person commits an offense if the person knowingly offers for sale live animals while on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot.
A person commits an offense if the person knowingly erects, maintains or places a structure for the purposes of selling live animals on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot.
A person commits an offense if the person obstructs or threatens to obstruct the removal of a structure that is in violation of this regulation.
Each offense under this section is a Class C misdemeanor.
Each day a violation continues is a separate offense.
SECTION 13. UNLAWFUL RESTRAINT OF DOGS
A person who owns or has custody or control of a dog and who uses a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system shall comply with Chapter 821, Subchapter D, sections 821.076 through 821.081 of the Texas Health and Safety Code, as amended. Dogs must have a properly fitted collar and restraint system as required by Subchapter D, Chapter 821 of the Texas Health and Safety Code. A person who owns or has custody or control of a dog may not leave a dog outside and unattended by use of a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system that: unreasonably limit the dog’s movement: between the hours of 10 p.m. and 6 a.m.; or is located within 500 feet of a school; or occurs during extreme weather conditions as defined in Subchapter D, Chapter 821 of the Texas Health and Safety Code. A chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system unreasonably limits a dog’s movement if it: uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; is a length shorter than the greater of: 17 five times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail; or 10 feet; is in an unsafe condition; or causes injury to the dog.
SECTION 14. VIOLATIONS AND ENFORCEMENT OF UNLAWFUL RESTRAINT
A person commits an offense if the person knowingly violates this subchapter.
A peace officer or Animal Control Officer who has probable cause to believe that an owner is violating Subchapter D, Chapter 821 of the Texas Health and Safety Code shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.
A person commits an offense if the person is provided a statement described by Subsection (b) and fails to comply with Subchapter D, Chapter 821 of the Texas Health and Safety Code within 24 hours of the time the owner is provided the statement. An offense under this subsection is a Class C misdemeanor.
A person commits an offense if the person violates Subchapter D, Chapter 821 of the Texas Health and Safety Code and previously has been convicted of an offense under Subchapter D, Chapter 821 of the Texas Health and Safety Code. An offense under this subsection is a Class B misdemeanor.
If a person fails to comply with Subchapter D, Chapter 821 of the Texas Health and Safety Code with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense.
If conduct constituting an offense under Subsection D, Chapter 821 of the Texas Health and Safety Code also constitutes an offense under any other law, the actor may be prosecuted under Subchapter D, Chapter 821 of the Texas Health and Safety Code, the other law, or both.
Sec. 821.080. DISPOSITION OF PENALTY. Notwithstanding any other law, the clerk of a court that collects a penalty under Subchapter D, Chapter 821 of the Texas Health and Safety Code shall remit the penalty collected for deposit in the general fund of the county.
SECTION 15. DISMISSAL OF CERTAIN MISDEMEANOR CHARGES
When a person is charged with a misdemeanor offense under Sections 4, 5, 6 or 7 of these Regulations, the court, in its sole discretion, may defer the proceedings and allow the person 180 days to present evidence that subsequent to the alleged act, she/he has successfully complied with any reasonable condition imposed on him/her by the court pursuant to Texas Code of Criminal Procedure, article 45.54. Such condition(s) may include the condition that she/he successfully complete the HCPHES VPH First Offender Program, which requires:
The payment of a $10.00 registration fee; and 18 Attending a 3-hour class presented by HCPHES VPH.
At the end of the 180-day deferral period, if the person charged with the misdemeanor presents evidence that she/he has complied with the condition(s) imposed by the court, the court may dismiss the complaint.
SECTION 16. EFFECTIVE DATE
These Regulations shall become effective on October 1, 2007. All previously adopted rules and regulations are superseded and repealed.
City of Deer Park Dangerous dog Laws
Sec. 14-181. - Definitions.
Sec. 14-182. - Requirements for owner.
Sec. 14-183. - Determination that dog is dangerous.
Sec. 14-184. - Registration.
Sec. 14-185. - Attack by dangerous dog.
Sec. 14-186. - Violations.
Sec. 14-187. - Defense.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control authority means the city animal control office with authority over the area where the dog is kept or a county sheriff in an area with no animal control office.
Dangerous dog means any dog which attacks a human or domestic animal without provocation 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 causes severe bite wounds or severe ripping and tearing of muscle to the human or domestic animal that would cause a reasonably prudent person to seek professional treatment from a medical professional without regard to whether medical treatment was sought.
Owner means a person who owns or has custody or control of the dog.
Secure enclosure means a fenced area or structure that is:
(2) Capable of preventing the entry of the general public, including children;
(3) Capable of preventing the escape or release of a dog;
(4)Clearly marked as containing a dangerous dog; and
(5) In conformance with the requirements for enclosures established by the local animal control authority.
(Ord. No. 3086, § I, 5-16-2006)
Cross reference— Definitions generally, § 1-2.
State law reference— Similar provisions, V.T.C.A., Health and Safety Code § 822.041.
(a) Not later than the 15th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(1) Register the dangerous dog with the City of Deer Park and pay a registration fee of $150.00;
(2) Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure which is so designed and maintained that it is virtually impossible for the dog to escape by leaping, digging or other means;
(3) Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the City of Deer Park;
(4) Provide notification to the City of Deer Park within 72 hours of the cancellation or termination of the required liability insurance coverage;
(5) Post a sign on the premises where the dangerous dog is kept for any period of time exceeding 12 hours. The sign must read "WARNING: BAD DOG" and must be plainly visible from each street area adjacent to the premises;
(6) Pay all other municipal fines and fees;
(7) Comply with all applicable municipal, county or state regulations, requirements or restrictions on dangerous dogs.
(b) The owner of a dangerous dog who does not comply with subsection (a) of this section shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog.
(c) If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by V.T.C.A., Health and Safety Code § 822.0423, that the owner of a dangerous dog has failed to comply with subsection (a) or (b) of this section, the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.
(d) The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment or destruction of the dog. The city council may prescribe the amount of the fees.
(e) The court shall order the animal control authority to humanely destroy the dog if the owner has not complied with subsection (a) of this section before the 11th day after the date on which the dog is seized or delivered to the authority. The court shall order the authority to return the dog to the owner if the owner complies with subsection (a) of this section before the 11th day after the date on which the dog is seized or delivered to the authority.
(f) The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog.
(g) For purposes of this section, a person learns that the person is the owner of a dangerous dog when:
(1) The owner knows of an attack described in subsection (2) of the definition of the term "dangerous animal" in section 14-181
(2) The owner receives notice that a justice court, county court or municipal court has found that the dog is a dangerous dog under V.T.C.A., Health and Safety Code § 822.0423; or
(3) The owner is informed by the animal control authority that the dog is a dangerous dog under section 14-183
(Ord. No. 3086, § I, 5-16-2006)
State law reference— Similar provisions, V.T.C.A., Health and Safety Code § 822.042.
(a) If a person reports an incident described by subsection (2) of the definition of the term "dangerous animal" in section 14-181, the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, it shall notify the owner of that fact.
(b) An owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county or municipal court of competent jurisdiction. An owner may appeal the decision of the justice, county or municipal court in the same manner as appeal for other cases from the justice, county or municipal court.
State law reference— Similar provisions, V.T.C.A., Health and Safety Code § 822.0421.
(a) An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner:
(1) Presents proof of:
a. Liability insurance or financial responsibility, as required by section 14-182(a)(3);
b. Current rabies vaccination of the dangerous dog; and
c. The secure enclosure in which the dangerous dog will be kept; and
(2) Pays an annual registration fee as provided in the fee schedule in appendix B to this Code.
(b) The animal control authority shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog's collar.
(c) If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee as provided in the fee schedule in Appendix B of this Code, the animal control authority shall issue a new registration tag to be placed on the dangerous dog's collar.
(d) An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people.
State law reference— Similar provisions, V.T.C.A., Health and Safety Code § 822.043.
(a) A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person.
(b) An offense under this section is a class C misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a class A misdemeanor.
(c) If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by a person listed in V.T.C.A., Health and Safety Code § 822.003.
(d) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000.00. An attorney having civil jurisdiction in the county or an attorney for a municipality where the offense occurred may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the county or municipality.
State law reference— Similar provisions, V.T.C.A., Health and Safety Code § 822.044.
(a) A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with section 14-182 or V.T.C.A., Health and Safety Code § 822.0422(b) or an applicable municipal or county regulation relating to dangerous dogs.
(b) Except as provided by subsection (c) of this section, an offense under this section is a class C misdemeanor.
(c) An offense under this section is a class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section.
State law reference— Similar provisions, V.T.C.A., Health and Safety Code § 822.045.
(a) It is a defense to prosecution under section 14-185 or section 14-186 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody or control of the dog in connection with that position.
(b) It is a defense to prosecution under section 14-185 or section 14-186 that the person is an employee of the institutional division of the state department of criminal justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes.
(c) It is a defense to prosecution under section 14-185 or section 14-186 that the person is a dog trainer or an employee of a guard dog company under V.T.C.A., Occupations Code ch. 1702.
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 Deer Park 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 Deer Park 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 Deer Park or Harris County, TX, please contact one of the experienced Deer Park 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 Deer Park Planning and Development Services Department (contact information below).
- Seek the help of a Deer Park 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 Deer Park area or Harris County dog bite or ask other questions pertaining to veterinary public health, do not hesitate to contact the Deer Park Planning and Development Services Department office at:
A variety of animal training classes and services are offered by the Houston SPCA. The Houston SPCA may be reached at:
Contact one of the experienced Deer Park dog bite lawyers above for a consultation regarding your claim.
Personal Injury Attorneys Serve Deer Park and Surrounding Cities
Serving clients throughout Southeastern Texas, including Baytown, Channelview, Cloverleaf, Dickinson, Edgebrook, Friendswood, Galena Park, Houston, Jacinto City, La Porte, League City, Lynchburg, Morgan's Point, Pasadena, Pearland, Seabrook, Shoreacres, Southeast Harris, South Houston, Webster and other communities in Harris County.
If you or a loved one has suffered an injury, please contact one of the experienced Harris County dog bite lawyers listed on this page.