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Dog bite at apartment community

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letty0876

Junior Member
What is the name of your state? TX

I need to know if I have a case here.

I was bitten by a Boston Terrier belonging to a resident at the same apartment community as me. I was walking from the apartment office towards my apartment via the courtyard. A woman was walking her two Boston Terriers. As she saw that I was getting closer, she pulled her dogs towards her. I thought that she had a good grip on her leash, so I proceeded to walk by. Just as I passed, one of her dogs lunged at my leg and bit the back of my thigh. She then tugged at her dog, and he lunged again, this time his jaws locked right below my left calf muscle. She finally got him to break away from my leg. She told me where she lived, and that if I needed to reach her that she'd be home. I was in a state of shock, and was barely coherent. I went directly to my apartment and inspected my leg. It had swelled to the size of a tennis ball within seconds, and the skin was broken. I immediately went back downstairs trying to see if I could reach the dog's owner, but she was not answering her door. Luckily, one of the leasing agents was on the grounds just finishing a showing to a couple, and I explained to her what had happened. She proceeded to knock on the door of the dog's owner, with no response. She assisted me to the leasing office, and provided me with information on the dogs.

After leaving the leasing office, I went to the emergency room. I filled out the required paperwork to submit to animal control.

The folowing morning, I went to the apartment of the dog's owner to see if she could provide me with more information on the dog that bit me (ie: veterinarian's name, phone number & address). She was not prepared, so I gave her my phone number to call me.

She finally called me 5 hours later. She gave me the name of a vet and phone. I also inquired if she had a renter's insurance policy. She told me that she didn't have renter's insurance and asked what that had to do with anything, so I explained that in some policies there is a personal liablilty clause, and that it can possibly take care of the expences. She became very defensive, and basically told me that it was my fault that her dog attacked me, because "I walked in front of it." And, then she asked, "What kind of person walks in front of a dog that barked at them?" -- This infuriated me, so I hung up.

I tried the phone number that she gave me for the vet's office, and it was an invalid phone number. I did a directory search, and found no name matching in the directory. I then proceeded to call animal control myself, instead of waiting for the paperwork I had filled out at the hospital to reach them.

The apartment management has been more that cooperative with me since this whole incident.

My boss and my sister have told me that maybe I should file suit against the apartment community as well, but that just doesn't feel right to me.

What should I do?
 


fronty

Member
Texas is not a strict liability state pertaining to dog bites. Instead, it follows the one free bite rule. As long as the lady wasn't negligent or broke any leash laws, you are probably not going to get a successful judgment. Now, if you can prove that the dog has done this before or the owner knows (scienter) the dog has a dangerous propensity then the owner is strictly liable. Why would you try to sue the apartment complex? You are going to have to prove they failed to keep you safe or were negligent in some way. How much were your medical bills from a 15lb dog bite? I’m guessing the lady has the means to pay for the bills. Do your friends think that you are going to get a million dollar judgment from a dog bite by taking action against the apartment complex? You are going to have a hard enough time getting the lady to pay the actual damages you incurred, which would be the only thing you would be entitled to.


letty0876 said:
What is the name of your state? TX

I need to know if I have a case here.

I was bitten by a Boston Terrier belonging to a resident at the same apartment community as me. I was walking from the apartment office towards my apartment via the courtyard. A woman was walking her two Boston Terriers. As she saw that I was getting closer, she pulled her dogs towards her. I thought that she had a good grip on her leash, so I proceeded to walk by. Just as I passed, one of her dogs lunged at my leg and bit the back of my thigh. She then tugged at her dog, and he lunged again, this time his jaws locked right below my left calf muscle. She finally got him to break away from my leg. She told me where she lived, and that if I needed to reach her that she'd be home. I was in a state of shock, and was barely coherent. I went directly to my apartment and inspected my leg. It had swelled to the size of a tennis ball within seconds, and the skin was broken. I immediately went back downstairs trying to see if I could reach the dog's owner, but she was not answering her door. Luckily, one of the leasing agents was on the grounds just finishing a showing to a couple, and I explained to her what had happened. She proceeded to knock on the door of the dog's owner, with no response. She assisted me to the leasing office, and provided me with information on the dogs.

After leaving the leasing office, I went to the emergency room. I filled out the required paperwork to submit to animal control.

The folowing morning, I went to the apartment of the dog's owner to see if she could provide me with more information on the dog that bit me (ie: veterinarian's name, phone number & address). She was not prepared, so I gave her my phone number to call me.

She finally called me 5 hours later. She gave me the name of a vet and phone. I also inquired if she had a renter's insurance policy. She told me that she didn't have renter's insurance and asked what that had to do with anything, so I explained that in some policies there is a personal liablilty clause, and that it can possibly take care of the expences. She became very defensive, and basically told me that it was my fault that her dog attacked me, because "I walked in front of it." And, then she asked, "What kind of person walks in front of a dog that barked at them?" -- This infuriated me, so I hung up.

I tried the phone number that she gave me for the vet's office, and it was an invalid phone number. I did a directory search, and found no name matching in the directory. I then proceeded to call animal control myself, instead of waiting for the paperwork I had filled out at the hospital to reach them.

The apartment management has been more that cooperative with me since this whole incident.

My boss and my sister have told me that maybe I should file suit against the apartment community as well, but that just doesn't feel right to me.

What should I do?
 
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letty0876

Junior Member
fronty said:
.... Now, if you can prove that the dog has done this before or the owner knows (scienter) the dog has a dangerous propensity then the owner is strictly liable...... How much were your medical bills from a 15lb dog bite?

That's just it right there, the leasing agent that helped me throughout this whole thing has told me herself that the dog has tried to attack her as well (so, I do think it has the propensity to attack again). The dog, although it is a small breed, weighed about 25 lbs. according to the documents provided to the apartment community. If you saw the size of my marks, maybe you'd understand why I am asking these questions. I had to have 4 stitches on my leg, and redness and swelling have gone down very little since this has happened. As far as the cost, I have health insurance, and I did not receive a bill from the hospital yet, because they submitted the claim to my insurance company. This just happened to me on last Saturday.

Just one additional bit of information on this tenant: the apartment community has just asked her to remove her dogs.
 
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stephenk

Senior Member
"Texas is not a strict liability state pertaining to dog bites. Instead, it follows the one free bite rule. As long as the lady wasn't negligent or broke any leash laws, you are probably not going to get a successful judgment."

you have any legal authority for your opinion?
 

ellencee

Senior Member
Unless TX has changed its laws in the past couple of years, this is very similar to a court case that was televised on TX Justice--the person that was bitten is at fault. The dog owner acted appropriately in controlling her dogs while the injured party (the OP) put themselves in harm's way by choosing to walk close enough for the dog (on a short leash) to bite him or her.
EC
 

fronty

Member
stephenk said:
"Texas is not a strict liability state pertaining to dog bites. Instead, it follows the one free bite rule. As long as the lady wasn't negligent or broke any leash laws, you are probably not going to get a successful judgment."

you have any legal authority for your opinion?

It is not an opinion! Before you make accusations do a little research. You won't necessarily find a statute on a one free bite rule. Only states that have strict liability laws in regards to dog bites have statutes pertaining to this type of tort, e.g. Florida. States that follow one free bite rules use common laws. Do you know what common laws are? I don't have time to do a search on it right know, but if you do a search on one free bite rule, you will find that it does exist. I'm surprised you don't know that some states are strict liability and some are one free bite states. If you don't retract your statements, I will consider that there is still dissension and post links for you. Please do research before you post.


My last sentence is my opinion that is based on research.
 
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fronty

Member
ellencee said:
Unless TX has changed its laws in the past couple of years, this is very similar to a court case that was televised on TX Justice--the person that was bitten is at fault. The dog owner acted appropriately in controlling her dogs while the injured party (the OP) put themselves in harm's way by choosing to walk close enough for the dog (on a short leash) to bite him or her.
EC

Thank you....
 

letty0876

Junior Member
ellencee said:
Unless TX has changed its laws in the past couple of years, this is very similar to a court case that was televised on TX Justice--the person that was bitten is at fault. The dog owner acted appropriately in controlling her dogs while the injured party (the OP) put themselves in harm's way by choosing to walk close enough for the dog (on a short leash) to bite him or her.
EC

In my defense, I was not exactly that close to the dogs, I had distanced myself a few feet away to make sure that the woman could her lead her dogs out of the way. I certainly did not expect to be bitten. The lady just stayed there and watched as her dog attacked me. She didn't exactly try to pull her leash quickly when her dog latched onto my leg. And she also hadn't tried moving while I was going past them either. She just stood there. Forgive me if I sound naíve here, but, if she saw that I was trying to go past her, why wouldn't she move out of the way? She heard her dog starting to bark at me well before I even was 20 feet away. She had ample opportunity to re-position herself, but, no, she stayed in the same spot. And I thought that she had a good hold of her leash. The spot where she was standing had only a gap of 3 feet between her and the gate to the swimming pool area. How am I at fault? That was my only way to reach my apartment. I hesitated before I motioned forward, but she wasn't moving, so, I took that as an "okay, I'll let you pass by. My dogs are secured." So, even with that I'm still at fault here?

I'm only attempting to get some advice here.

I have done a little more research on the one bite rule here in Texas. In it, it also states that if the dog had a prior history of either biting or becoming aggresive while unprovoked that the dog's owner may be at fault, because the dog had the dispositon to possibly attack. I mentioned earlier that one of the leasing agents here at the apartment community that I live in was almost attacked herself ny the same dog. So, doesn't that sound like the dog's owner had to be aware that her dog might have a problem in the future?
 

fronty

Member
The reason the landlord is making the lady remove the dog from its premises is for liability reasons. The landlord can be held liable, if the dog attacks another resident. I’m guessing that the property owner wouldn’t be too happy with the manager telling you that she knew the dog was aggressive. On the other hand, it doesn’t really help your case by walking up to a dog that was showing aggressive behavior. There is a defense called assumption of risk. It depends upon the plaintiff (you) knowingly, voluntarily taking a risk. There are lawyers in Texas that specialize in animal attacks and they state that they can get around the one bite rule. This usually entails showing negligence on the owner or landlords part or showing the dog has a dangerous propensity. If you are going to seek the advice of a local attorney, you need to do it as soon as possible.

letty0876 said:
In my defense, I was not exactly that close to the dogs, I had distanced myself a few feet away to make sure that the woman could her lead her dogs out of the way. I certainly did not expect to be bitten. The lady just stayed there and watched as her dog attacked me. She didn't exactly try to pull her leash quickly when her dog latched onto my leg. And she also hadn't tried moving while I was going past them either. She just stood there. Forgive me if I sound naíve here, but, if she saw that I was trying to go past her, why wouldn't she move out of the way? She heard her dog starting to bark at me well before I even was 20 feet away. She had ample opportunity to re-position herself, but, no, she stayed in the same spot. And I thought that she had a good hold of her leash. The spot where she was standing had only a gap of 3 feet between her and the gate to the swimming pool area. How am I at fault? That was my only way to reach my apartment. I hesitated before I motioned forward, but she wasn't moving, so, I took that as an "okay, I'll let you pass by. My dogs are secured." So, even with that I'm still at fault here?

I'm only attempting to get some advice here.

I have done a little more research on the one bite rule here in Texas. In it, it also states that if the dog had a prior history of either biting or becoming aggresive while unprovoked that the dog's owner may be at fault, because the dog had the dispositon to possibly attack. I mentioned earlier that one of the leasing agents here at the apartment community that I live in was almost attacked herself ny the same dog. So, doesn't that sound like the dog's owner had to be aware that her dog might have a problem in the future?
 

letty0876

Junior Member
fronty said:
The reason the landlord is making the lady remove the dog from its premises is for liability reasons. The landlord can be held liable, if the dog attacks another resident. I’m guessing that the property owner wouldn’t be too happy with the manager telling you that she knew the dog was aggressive. On the other hand, it doesn’t really help your case by walking up to a dog that was showing aggressive behavior. There is a defense called assumption of risk. It depends upon the plaintiff (you) knowingly, voluntarily taking a risk. There are lawyers in Texas that specialize in animal attacks and they state that they can get around the one bite rule. This usually entails showing negligence on the owner or landlords part or showing the dog has a dangerous propensity. If you are going to seek the advice of a local attorney, you need to do it as soon as possible.
So, in this instance: one of the apartment leasing agents knew the that dog was agressive. So, I would imagine that she would have reported this to management. Should I try to persue a judgment against the company that owns this apartment community, if in fact this agressive behavior had been reported to them? Or would that only be reserved in the instance that someone else had actually been attacked (bitten) by this same dog in the past? Do I contact animal control to find out if this dog had a previous history? Or, would they have already told me? The dog was impounded on 08/01/05, so it's not even been a week yet.

And yes, I made the choice to motion forward, but the lady didn't budge from her position. She just stood there, not even making any effort to move. Was I supposed just stand there too, until she put 2 and 2 together? I mean, I had already stopped for a bit thinking that she would get the idea that I needed to get past her, but she still didn't move. All she did was pull the leash to motion the dogs closer to her, but she still stood in the same spot. I simply wanted to get back to my apartment. Maybe it's just me that thinks that it's common sense, that if person A is walking their dogs, and at a distance they see person B approaching and that one of her dogs is barking at person B, that they'd realize that, "Oh, maybe I should get out of the way." So, wasn't that also poor judgment on the dog's owner?

Would it be wise to just take this to small claims courts to recover lost wages and the left over medical costs? I was out from work on Monday, and lost approximately $150 of pay for that day alone, plus the cost of the medication, emergency room costs, and follow-up care costs, roughly $400 (because my health insurance covered more than half of the costs). So, that's roughly $550 that I will be out.
 

stephenk

Senior Member
Texas Practice Guide Torts
Database updated March 2005

Knox D. Nunnally and Ronald G. Franklin
Chapter 3. Strict Liability
III. Animals

Summary References

§ 3:32. Dogs--Elements of strict liability action regarding domestic dogs

To support a claim for strict liability, a plaintiff is required to show that:

• the dog has dangerous propensities abnormal to the dog's class;

• the defendant knew or should have known of the dog's characteristics; and

• the plaintiff's injuries resulted from the dog's dangerous propensities.


So where does the dog get one bite free? The poster has met all 3 requirements. Boston Terriers are not known to be dangerous as a class of dogs.
 

fronty

Member
stephenk said:
Texas Practice Guide Torts
Database updated March 2005

Knox D. Nunnally and Ronald G. Franklin
Chapter 3. Strict Liability
III. Animals

Summary References

§ 3:32. Dogs--Elements of strict liability action regarding domestic dogs

To support a claim for strict liability, a plaintiff is required to show that:

• the dog has dangerous propensities abnormal to the dog's class;

• the defendant knew or should have known of the dog's characteristics; and

• the plaintiff's injuries resulted from the dog's dangerous propensities.


So where does the dog get one bite free? The poster has met all 3 requirements. Boston Terriers are not known to be dangerous as a class of dogs.

From MY original post.



Now, if you can prove that the dog has done this before or the owner knows (scienter) the dog has a dangerous propensity then the owner is strictly liable.
I already stated that in my original post, so what is your point? The "one free bite rule" is a common law approach to dog bite cases (it is not meant to be taken literally). If it was a strict liability state in regards to this type of tort, such as Florida or California, we would say there is strict liability. In states that do not have strict liability in regards to dog bites, they are refered to as following one free bite rule or similar. Do you think I just made that phrase up? I just don't understand why you even posted originally or why you just restated my initial response.
 
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stephenk

Senior Member
Here is your original quote:
"Texas is not a strict liability state pertaining to dog bites. Instead, it follows the one free bite rule. As long as the lady wasn't negligent or broke any leash laws, you are probably not going to get a successful judgment."

That is not the law of Texas.

You then posted:

"The "one free bite rule" is a common law approach to dog bite cases"

However that is not the law of Texas. Quoting general common law theories doesn't help the poster. Plus, California is not an absolute strict liability state in regard to dog bites.
 
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fronty

Member
Are you kidding me?

I thought we agreed you would do a little research before posting. You are reaching to make a point and do not have one. How did you help the OP at all (read back through your posts)? I've seen your other posts, and it seems like you just try and make quick smart remarks. You are so vague in your responses that you can pull things out of context to make it appear you are correct. Texas DOES follow the one bite rule. They are NOT a strict liability state in this regards to this type of tort. Do you agree with this? How are you going to argue with the multitude of websites, documents, cases, etc… out there? You can’t. What are you trying to say that Texas is a strict liability state in regards to dog bites? You should probably tell the attorneys over there that specialize in animal attacks (they even post on their sites that Texas follows the one bite rule); it would probably make their job a whole lot easier. I can’t even believe we are still in dissent. No matter what I post your going to try and make vague statements, so I’ll leave it to you.


That is not the law of Texas.
What law does Texas follow in regards to this type of tort? Do they follow strict liability or one bite rule?
 
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fronty

Member
Here is your original quote:
"Texas is not a strict liability state pertaining to dog bites. Instead, it follows the one free bite rule. As long as the lady wasn't negligent or broke any leash laws, you are probably not going to get a successful judgment."

Why do you keep ommitting my very next sentence?



Now, if you can prove that the dog has done this before or the owner knows (scienter) the dog has a dangerous propensity then the owner is strictly liable.
 

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