Dog bites often lead to personal injury claims where either the dog owner or person bitten is liable. But what happens if someone else’s dog bites another person while on your property? In some cases, as the property owner or occupier, you could be held responsible. The rules around this can get tricky, as it depends on many different factors.
Let us break down how premises liability law could apply if a dog bite happens on your property.
What is premises liability?
Premises liability laws require property owners to maintain a safe environment for visitors. If a dog bite occurs on your property, your liability will depend on several factors: the circumstances of the incident, the visitor’s legal status and your knowledge or expected knowledge of the dog’s danger.
Here are some conditions under which you may be held liable for a dog bite, even if the dog is not yours:
- Negligence in controlling the dog: If you allow an aggressive or unrestrained dog to roam freely, you may be liable for any bite injuries that occur. For example, if a loose dog bites a guest, you could be at fault for not controlling the animal.
- Failure to warn: If a dog on your property has a history of aggression or biting, you must warn visitors or take steps to prevent contact. Failure to do so may result in liability.
- Knowledge of the dog’s behavior: If you know how aggressive the dog can be, you must take extra precautions, such as keeping the dog confined or under control, to protect guests.
Additionally, you may not be solely at fault for the bite injuries. In Texas, the “one-bite rule” generally holds dog owners accountable for injuries or damage caused by their dog if the animal is known to be a safety risk or has shown signs of potentially dangerous behavior. However, you may potentially share fault with the dog owner if you did nothing to prevent the attack while being aware of the dog’s dangerous behavior.
How does legal representation help?
If a dog bites someone on your property and you failed to prevent it, an attorney can help you understand your liability and protect your interests. They can assess the situation, reduce your liability if possible and advise you on your next steps.
Remember that acting quickly and understanding your responsibilities as a property owner is key to minimizing legal troubles. Consulting a lawyer for premises liability issues can save you time and stress in the long run.