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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116715
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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NOTE previously posted question(s) not finished when accidentally

Resolved Question:

NOTE: previously posted question(s) not finished when accidentally posted ... eleven days ago my 10 year old pet dog bit a visitor that had been warned several times to stay away from dog; visitor (intoxicated) was on sofa next to dog; when instructed to move away from dog, visitor instead put arm around dog and pulled dog to him; ruffed up dog's head with his hand; turned his face around to dog's face; and said that dogs like him - at this point dog, who is old and grouchy, bit visitor on lip; this has never happened before; visitor turned report in to animal control and they want to quarantine dog for ten days ... dog is vaccinated and it has now been eleven days since bite ... Texas Health & Safety Code sect 826 appears to indicate that animals may be quarantined at owner's premises; also indicates only animals w/ probable cause of having rabies shall be quarantined ... must I comply w/ local animal control request to quarantine?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
You must comply with the quarantine, but you have a right to appeal it through the animal control's administrative appeals process.

Texas follows the ancient and outdated "one bite rule." This means that legal liability for a dog bite is based on one of the following circumstances: (a) the owner knew that the dog had bitten someone previously or had the dangerous propensity to bite a person, (b) the accident was cause by the negligence of the person handling the dog, (c) the accident was caused by a violation of a leash law, prohibition against dogs trespassing or running at large, or a similar animal control law, or (d) the injury was caused intentionally by the person handling the dog.

When it is not possible to prove that the dog owner was aware of its dangerous tendency to bite people, the victim can base his claim on negligence.

Additionally, in a case entitled Bushnell v. Mott (2008), the Texas Supreme Court held that a 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 victim can sue if the dog owner fails to attempt to stop the attack.

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