If my dog bit a 7 year on his leg and now the dog is labeled as a vicious animal, what will happen?

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If my dog bit a 7 year on his leg and now the dog is labeled as a vicious animal, what will happen?

I have court soon the state has taken over the case.

Asked on October 26, 2012 under Personal Injury, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have a court date, then your dog has been alleged to be a vicious animal (or dangerous dog).  Once this is alleged, then the court must have a hearing to finalize this determination.   If it is proved by the state and finalized by a judge's ruling, then the dog will be destroyed, unless there was an exception for the attack.  Because the person bitten was seven years old, many of these defenses will not apply to your dog.

If the state does not meet it's burden in showing that your dog is a dangerous animal, then the dog must be returned to you.  However, the court can still order you to pay expenses associated with the housing of the animal while the action was pending.  You could also face a separate civil suit by the child's parents for the injuries to the child.


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