Bitten by a Neighbor’s Dog — Can I Sue?
Yes, you can generally pursue compensation if you’re bitten by a neighbor’s dog in Texas. Homeowners’ insurance policies often cover injuries caused by pets on their property, even if the bite occurs while you’re just visiting or passing by. The tricky part is usually finding out the insurance information, since neighbors don’t always voluntarily provide it. You may need to ask directly, have an attorney request it formally, or in some cases, file a lawsuit to obtain it.
Do You Need a Prior Bite to File a Claim?
Contrary to popular belief, you don’t need a prior bite to succeed in a dog bite or dog aggression case. The “one bite rule” applies under strict liability, which generally requires a prior history of aggression. In those cases:
The dog had a prior history of aggression
The dog caused an injury
The only remaining question for the jury is the extent of damages
Even if the dog has no history of prior bites, you can still pursue a case under traditional negligence theories of liability. This means showing that the owner failed to act reasonably to prevent the injury, such as:
Leaving the dog unsecured in the yard or common areas
Failing to close gates or doors
Allowing the dog to roam freely
Ignoring repeated aggressive behavior, like lunging, barking, or charging
Negligence claims focus on the owner’s failure to prevent harm, not the dog’s prior actions. This opens the door for compensation even if strict liability doesn’t apply.
How Prior Aggression Can Impact Your Case
Even without a prior bite, evidence of prior aggressive behavior can strengthen your case. Texas courts have recognized that patterns such as:
Jumping on people repeatedly
Charging at visitors
Continuous threatening behavior
…can sometimes be used to establish strict liability. These behaviors show that the owner knew or should have known the dog could cause harm, which is critical for building a strong claim.
Why You Need an Attorney
Dog bite claims, especially involving a neighbor’s dog, can be complex. An experienced attorney can:
Identify the correct insurance policy
Gather evidence of owner negligence or prior aggression
Maximize the compensation for medical bills, lost wages, and pain and suffering
Navigate the process if you need to file a lawsuit to obtain insurance information
Even if the dog has no history of prior bites, a knowledgeable lawyer can pursue compensation under negligence, and sometimes strict liability depending on the circumstances.
