Tomball Dog Bite Lawyer | Tomball Dog Mauling Lawsuit | Tomball Dog Attack Attorney
Harris County Dog Bite Accident Attorney
Dangerous Dog Facts:
- An estimated 4.5 million people are bitten by dogs each year;
- Approximately 334,000 people are admitted to US emergency rooms annually with dog bite-associated injuries, and another 466,000 are seen in other medical settings;
- An unknown number of other people who have been bitten do not sustain injuries deemed serious enough to require medical attention;
- Almost half of all persons bitten are children younger than 12 years old; and
- People more than 70 years old comprise 10% of those bitten and 20% of those killed.
According to Zoonosis Control Division of the Texas Department of Health, domesticated dogs comprise most the dog bites in any given year. Even more shocking, Texas was the leader in dog bite fatalities in 2007, with seven fatalities stemming from dog bites that year alone. There is a regional Zoonosis office in Tomball located at Texas Department of State Health Services, Zoonosis Control, 5425 Polk Avenue, Suite J, Houston, TX 77023 for all of your needs and questions.
Responsible Dog Ownership in Tomball Definitely Can Reduce Tomball Dog Bites
As so many things in life, dog bites can be reduced by what happens in the home. A dog is not always the one to blame in the instance of a dog attack or dog bite injury. Many owners use their dogs for illegal dog fights and these dogs are victimized every bit as much as the victims of their attacks, and they too are often severely injured or even killed in dog fighting rings as they fight for their lives. Negligent and abusive dog owners should be held liable for their actions. A decision to be a responsible dog is a personal decision and one that requires responsibility. There are many places in and around Tomball, Texas to have your dog trained for obedience. Dog owners are also able to take their dog to an area designated for dogs to play. Dog parks are there so that the owner can take their dog to an area where they can run around and play in an fenced-in and safe place. Dog parks are a responsible place to take your pet to ensure that when they are running off their leash that they will not run away from you and/or cause harm to a person or another animal. Some Dog Training Facilities and Dog Park locations in the General Tomball Area include:
Man's Best Friend
Barks 5th Avenue
Millie Bush Dog Park
16101 Westheimer Parkway
Houston, TX 77077
Boneyard Dog Park & Drinkery
8150 Washington Avenue
Houston, TX 77007
Dogs should be trained and any sense of aggressive behavior exhibited by a dog should be immediately attended to by the pet owner in order to avoid a future incident. What it boils down to is that if you or a loved one have been bitten, attacked, maimed, or killed by a dog or other animal, you should be entitled to some degree of compensation from the animal’s owner or handler. Contact one of the experienced Tomball dog bite lawyers above for a consultation regarding your claim.
Texas’s “One Bite” Rule & Dog Bite Claims Based on Negligence
Texas follows the arcane “one bite rule.” This means that a pet owner is liable when:
- the owner knew that the dog had bitten someone before or had a “dangerous propensity” for biting;
- the bite was caused by the negligence of the person handling the dog;
- the bite was caused by a violation of a leash law, prohibition against dogs trespassing or running at large, or a similar animal control law; or,
- the bite injury was caused intentionally by the owner or person handling the dog.
When it cannot be proved that the dog’s owner or handler knew of the dog’s propensity to bite, negligence can form the basis of a claim. An example of a negligence-based claim could occur when the owner of a dog whose breed is notorious for its violent propensities — such as a pit bull, Rottweiler, or German Shepherd — allows their dog to run loose in a children’s park or other public area without supervision. The dog’s owner will be held liable based on negligence if the dog bites a child in the park.
However, a person does not have to be the dog’s owner to be held liable for a bite victim’s injuries. A child bitten at a day care facility for dogs could, through the child’s parents, make a claim against the pet care center, even though the dog was owned by a third party who was absent at the time of the bite. If you or a loved one has been the victim of a dog bite, you should contact a Tomball dog bite attorney to pursue your personal injury claims. Even if the dog has no prior history of aggression and has never bitten anyone before, Texas’s “one bite rule” may allow a Tomball dog bite injury lawyer to fight your claim successfully, and you deserve compensation for your injuries.
Tomball Negligence Per Se Dog Bite Lawyer
When a statute or ordinance is violated and the violation leads to an injury, this is called negligence per se.
Negligence per se is frequently found in cases of dog bites, dog maulings, and dog attacks, often resulting from a violation of:
- leash laws;
- dog trespass laws; or,
- no “free-run” laws.
Usually, these types of dog control laws and ordinances are only found in large Texas cities; however, Tomball has an ordinance requiring that dogs be "restrained" at all times. Furthermore, Tomball requires that all dogs over four months of age be licensed with the city officials. If you or a loved one has been bitten or mauled by a dog running loose in violation of the law of Tomball or Harris County, you should contact a local Tomball dog bite attorney immediately.
Lillian’s Law (H.B. 1355)
The so-called “Lillian Stiles Law,” sponsored by Senator Eliot Shapleigh and passed in 2007, increases the jail time for owners who fail to secure their dogs in a reasonable manner, resulting in serious bodily injury or death to another. Under the law, a dog owner will be charged with a third-degree felony if their dog causes serious bodily injury to a victim during an unprovoked attack. A third-degree felony is punishable by 2-10 years of prison time as well as a potential fine of up to $10,000. If the victim dies from an unprovoked dog attack, H.B. 1355 would impose a charge of second-degree felony, punishable by up to 20 years in prison. Click here for more information on the passage of Lillian’s Law,
Texas still allows a dog to be chained up, which is not only bad policy, but also dangerous to children and others who are routinely attacked by dogs that have been chained. Lillian’s law helps protect Tomball residents from dogs that attack when not reasonably secured and allows Tomball dog bite lawyers to sue the dog owners despite lack of previous history of aggression or any provocation from the injury victim. Call a Tomball dog bite lawyer today.
Some of Texas' Laws on Dog Bites
Some of the laws are found in the Texas Health & Safety Code, Title 10, Chapter 822 Regulation of Animals:
- Subchapter A General Provisions; Dogs That Attack Persons or Are a Danger to Persons;
Subchapter D Dangerous Dogs;
- 822.041. Definitions;
- 822.042. Requirements for Owner of Dangerous Dog;
- 822.0421. Determination That Dog is Dangerous;
- 822.0422. Reporting of Incident in Certain Counties and Municipalities;
- 822.0423. Hearing;
- 822.043. Registration;
- 822.044. Attack by Dangerous Dog;
- 822.045. Violations;
- 822.046. Defense; and
- 822.047. Local Regulation of Dangerous Dogs
Harris County has its own set of laws concerning dangerous dogs:
Not later than the 30th day after a person who owns or has custody or control of a dog learns that he/she owns or has custody or control of a dangerous dog, the person must:
Register the dangerous dog with HCPHES VPH. The dog will be registered by HCPHES VPH only after the following conditions have been met: Payment of an annual registration fee of $50.00 to HCPHES VPH;
The person who owns or has custody or control of the dog provides proof that the dangerous dog has been spayed or neutered. The only exceptions to this spaying or neutering requirement shall be if HCPHES VPH or a licensed veterinarian confirms in writing that either the dog is past the age for breeding, or its condition otherwise makes it inadvisable to spay or neuter the dog.The person who owns or has custody or control of the dog obtained liability insurance coverage or showing financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and has provided proof of the liability insurance/financial responsibility to HCPHES VPH.The dangerous dog has been implanted with an identifying computer microchip compatible with the scanning equipment utilized by HCPHES VPH. The information contained in the microchip must be reported to HCPHES VPH.
The person who owns or has custody or control of the dog has obtained prior approval from HCPHES VPH that the enclosure is constructed to satisfy the secure enclosure requirement set forth in subsection C, below.Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure, as described in subsection C., below.Notify HCPHES VPH of any attack the dangerous dog makes on a person within forty-eight (48) hours of the attack.
Upon registration, the dangerous dog, shall:
be issued a tag and the tag must be displayed on the animal at all times; wear a collar at all times which is bright orange and contains the words "Dangerous Dog" in big black lettering. This collar may be purchased from HCPHES VPH when the dog is initially registered or a collar substantially similar to the HCPHES VPH collar is acceptable as an alternative or replacement; be transported only within a fully enclosed vehicle and a "Dangerous Dog" sign must be posted in a window on each side of the vehicle. To qualify as a “secure enclosure” under subsection A (2), above, the following requirements must be met;: The dangerous dog must be kept in a secure enclosure which prevents the dog from escaping as well as protects the general public from physical access to and/or contact with the dog.
The secure enclosure shall: have a cement floor, unless another material and/or the construction used is as good as a cement floor in preventing the dog from digging or escaping from the enclosure; have a cover or fixed top if the dog is capable of climbing or jumping; have walls which consist of not less than nine (9) gauge chain link or equivalent. Whether a structure qualifies as a "secure enclosure" is subject to HCPHES VPH's approval, and, in this connection:
the person who owns or has custody or control of an animal must give HCPHES VPH reasonable access to inspect the enclosure; HCPHES VPH may require the person who owns or has custody or control to make structural changes within a certain reasonable time to make the enclosure secure; and a structure shall be deemed not to qualify as a secure enclosure if the person who owns or has custody or control does not give HCPHES VPH reasonable access to inspect the enclosure or if structural changes required by HCPHES VPH are not performed. The secure enclosure must be clearly marked as containing a "Dangerous Dog" on each side of the enclosure. Signs may be obtained from HCPHES VPH when the dog is initially registered. Signs substantially similar to those available through HCPHES VPH will fulfill the requirements of this section.
When the dangerous dog is outside of the secure enclosure, the dog must be controlled by a line or leash not more than six (6) feet in length; the line or leash must be held by a person capable of controlling the dog; and the dog must be humanely muzzled. If the dangerous dog is transferred to a new location, not later than the 7th day after the date of the transfer the person who owns or has custody or control shall notify HCPHES VPH of the change of location and provide the address of the new location of the dog. If ownership, custodianship, or control of the dog changes, the name and address of the new person who owns or has custody or control must be provided to HCPHES VPH. In connection with a change in the ownership, custodianship, or control of a dangerous dog: If the new person who owns or has custody or control resides in Harris County, HCPHES VPH will notify the new person who owns or has custody or control that the dog is a dangerous dog; that the registration of a dangerous dog is not transferable; and that the new person who owns or has custody or control is subject to the requirements of these Regulations. When any person in Harris County becomes the owner, custodian, or controller of a dog that has been previously declared dangerous under these Regulations, within fourteen (14) days of receipt of the dog or notice that the dog has been previously declared dangerous (whichever occurs first in time), the new person who owns or has custody or control shall register the dog as required by these Regulations. If the new person who owns or has custody or control is not located in Harris County, HCPHES VPH will notify the new person who owns or has custody or control and the appropriate animal control authority in the area where the dog has been transferred that the dog has been previously determined to be a dangerous dog in Harris County.
Compliance with these Regulations for dangerous dogs is in addition to and concurrent with compliance with rabies control rules and quarantine requirements as set forth in these Regulations and under state law.
SECTION 9. VIOLATIONS AND ENFORCEMENT OF DANGEROUS DOG RESTRICTIONS
A person who owns or has custody or control of a dangerous dog commits an offense if the person fails to comply with any provision of Section 8 of these Regulations. An offense defined in this section is a Class C misdemeanor unless it is shown at trial that the defendant has previously been convicted of a violation identified in this section, in which case an offense is a Class B misdemeanor. Each violation of these Regulations constitutes an act in contempt of Commissioners Court. Commissioners Court has the power to enforce its orders by civil contempt and may punish contempt by fine or imprisonment pursuant to Section 81.024 of the Local Government Code. Each and every day a person fails to comply with these Regulations is a separate violation.The restrictions and requirements of Sections 8 of these Regulations may be enforced concurrently with Chapter 822, Subchapter D, of the Texas Health and Safety Code, as amended. These Regulations do not restrict or limit the power of the County or State to choose to prosecute any person for criminal or civil penalties pursuant to that subchapter in addition to or as an alternative to prosecution under these Regulations.
If any person violates any provision of Section 8 so that there is a threat to public health and safety, HCPHES VPH may notify the County Attorney and request authorization from Commissioners Court to file suit to enjoin the violation.
SECTION 10. DEFENSES
It is a defense to prosecution under these Regulations that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody or control of the dog in connection with that position. It is a defense to prosecution under these Regulations that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes. It is a defense to prosecution under these Regulations that the person is a dog trainer or an employee of a guard dog company under the Private Investigators and Private Security Agencies Act (Article 4413)(29bb), Vernon's Texas Civil Statutes).
SECTION 11. REGULATION OF SALE AND SOLICITATION OF LIVE ANIMALS
The sale of live animals is banned if it occurs on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot. The erection, maintenance, or placement of a structure by a vendor of live animals is banned from a public highway or road, in the right-of-way of a public highway or road, or in a parking lot.
SECTION 12. VIOLATIONS AND ENFORCEMENT OF SALE AND SOLICITION OF LIVE ANIMALS.
A person commits an offense if the person knowingly offers for sale live animals while on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot.
A person commits an offense if the person knowingly erects, maintains or places a structure for the purposes of selling live animals on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot.
A person commits an offense if the person obstructs or threatens to obstruct the removal of a structure that is in violation of this regulation.
Each offense under this section is a Class C misdemeanor.
Each day a violation continues is a separate offense.
SECTION 13. UNLAWFUL RESTRAINT OF DOGS
A person who owns or has custody or control of a dog and who uses a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system shall comply with Chapter 821, Subchapter D, sections 821.076 through 821.081 of the Texas Health and Safety Code, as amended. Dogs must have a properly fitted collar and restraint system as required by Subchapter D, Chapter 821 of the Texas Health and Safety Code. A person who owns or has custody or control of a dog may not leave a dog outside and unattended by use of a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system that: unreasonably limit the dog’s movement: between the hours of 10 p.m. and 6 a.m.; or is located within 500 feet of a school; or occurs during extreme weather conditions as defined in Subchapter D, Chapter 821 of the Texas Health and Safety Code. A chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system unreasonably limits a dog’s movement if it: uses a collar that is pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; is a length shorter than the greater of: 17 five times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail; or 10 feet; is in an unsafe condition; or causes injury to the dog.
SECTION 14. VIOLATIONS AND ENFORCEMENT OF UNLAWFUL RESTRAINT
A person commits an offense if the person knowingly violates this subchapter.
A peace officer or Animal Control Officer who has probable cause to believe that an owner is violating Subchapter D, Chapter 821 of the Texas Health and Safety Code shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner.
A person commits an offense if the person is provided a statement described by Subsection (b) and fails to comply with Subchapter D, Chapter 821 of the Texas Health and Safety Code within 24 hours of the time the owner is provided the statement. An offense under this subsection is a Class C misdemeanor.
A person commits an offense if the person violates Subchapter D, Chapter 821 of the Texas Health and Safety Code and previously has been convicted of an offense under Subchapter D, Chapter 821 of the Texas Health and Safety Code. An offense under this subsection is a Class B misdemeanor.
If a person fails to comply with Subchapter D, Chapter 821 of the Texas Health and Safety Code with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense.
If conduct constituting an offense under Subsection D, Chapter 821 of the Texas Health and Safety Code also constitutes an offense under any other law, the actor may be prosecuted under Subchapter D, Chapter 821 of the Texas Health and Safety Code, the other law, or both.
Sec. 821.080. DISPOSITION OF PENALTY. Notwithstanding any other law, the clerk of a court that collects a penalty under Subchapter D, Chapter 821 of the Texas Health and Safety Code shall remit the penalty collected for deposit in the general fund of the county.
SECTION 15. DISMISSAL OF CERTAIN MISDEMEANOR CHARGES
When a person is charged with a misdemeanor offense under Sections 4, 5, 6 or 7 of these Regulations, the court, in its sole discretion, may defer the proceedings and allow the person 180 days to present evidence that subsequent to the alleged act, she/he has successfully complied with any reasonable condition imposed on him/her by the court pursuant to Texas Code of Criminal Procedure, article 45.54. Such condition(s) may include the condition that she/he successfully complete the HCPHES VPH First Offender Program, which requires:
The payment of a $10.00 registration fee; and 18 Attending a 3-hour class presented by HCPHES VPH.
At the end of the 180-day deferral period, if the person charged with the misdemeanor presents evidence that she/he has complied with the condition(s) imposed by the court, the court may dismiss the complaint.
SECTION 16. EFFECTIVE DATE
These Regulations shall become effective on October 1, 2007. All previously adopted rules and regulations are superseded and repealed.
Sec. 10-26. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal, cat, dog, person, quarantine, rabies, licensed veterinarian, humanely destroy, vaccinated, currently vaccinated, observation period, quarantine period and unowned animal have the same meaning as provided by the state rabies control law, V.T.C.A., Health and Safety Code §§ 826.001—826.055, and the rules of the state department of health promulgated pursuant to such law.
Animal control officer means the person employed by the county health officer or the city to enforce these rules.
Bite means any abrasion, scratch, puncture, tear or piercing of the skin actually or suspected of being caused by an animal.
Certificate means a certificate bearing the signature and license number of a licensed veterinarian, rabies tag number, the name, color, sex, species, age and breed of a dog or cat, the name and address of the owner, the date of the vaccination, and producer, date, serial number and the type of vaccine administered.
County health officer means the duly appointed county health officer of the county, or any person or agent employed by the county health officer or city to enforce these rules.
Exposed to rabies means any dog or cat or other animal, whether it has been registered or vaccinated for rabies or not, which has been bitten, fighting with, or has consorted with an animal known or suspected to have rabies or showing objective symptoms of rabies.
Impound means the apprehending, catching, trapping, netting, tranquilizing, confining or, if necessary, the destruction of any animal by the animal control officer.
Impounding facility means any premises designated by the county for the purpose of impounding or caring for all animals found in violation of this article.
Owner means any individual, corporation, association or any other legal entity that harbors, shelters, keeps, controls, manages, possesses or has part interest in any dog or cat. The occupant/head of household of any premises on which a dog or cat remains for a period of seven days or to which it customarily returns daily for a period of ten days is presumed to be harboring, sheltering or keeping the aforementioned dog or cat, within this definition. Under no circumstances are the normal and ordinarily accepted definitions of the terms "harboring," "sheltering" or "keeping," to be limited to the words of such presumption. If a minor owns a dog or cat or other animal subject to the provisions of this order, the head of the household of which such minor owner is a member shall be deemed to be the owner of such dog or cat or animal for the purpose of this article and under this article shall be responsible as the owner, whether or not such household head is himself a minor. If not a member of a household, such minor owner shall himself be directly subject to the provisions of this article.
Restraint means the control of a dog or cat under the following circumstances:
When it is controlled by a line or leash not more than six feet in length, which line or leash is held by a human being who is capable of controlling or governing the dog or cat in question. See the definition of "owner," above, concerning minors.
When it is enclosed within a vehicle.
When it is on the premises of the owner and/or keeper, provided that such animal does not have access to a sidewalk or street.
When it is on the property of the owner and under the control of a person over 18 years of age, who is also on the property of the owner, and such animal has not engaged in any conduct which would require it to be impounded under this article.
Stray means any animal running free without restraint which is not on the property of the owner, and not under the control of a person 18 years of age or older.
Vicious animal means any animal that presents a physical threat to humans or other domestic animals.
(Code 1978, § 4-16)
Cross reference—Definitions generally, § 1-2.
Sec. 10-27. - Construction.
The rules set out in this article are adopted pursuant to the authority of the state rabies control law, V.T.C.A., Health and Safety Code §§ 826.001—826.055, and are cumulative with and not in lieu of such law. Upon conflict between this article and such law, the law shall control.
(Code 1978, § 4-39)
Sec. 10-28. - Effect of conflict with other ordinances.
This article is not intended to repeal, abrogate or impair any existing animal control ordinances except for those specifically set out in this article. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Code 1978, § 4-40)
Sec. 10-29. - Local health authority.
The county health officer or the city is hereby designated as the local health authority for the purposes of these rules.
The local health authority shall have the duty to enforce:
The state rabies control law, V.T.C.A., Health and Safety Code §§ 826.001—826.055;
The rules of the state board of health which comprise the minimum standards for rabies control;
The city rules to control rabies adopted in this article; and
The rules adopted by the state board of health under the area quarantine provisions of the rabies control law, V.T.C.A., Health and Safety Code §§ 826.001—826.055.
(Code 1978, § 4-17)
Secs. 10-30—10-40. - Reserved.
Sec. 10-41. - Restraint required.
All dogs and cats shall be kept under restraint.
(Code 1978, § 4-18)
Sec. 10-42. - Vicious animals.
Every vicious dog or cat, as determined by the county or city health officer or the city humane officer, shall be confined by its owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.
(Code 1978, § 4-19)
Sec. 10-43. - Owner responsible.
The owner of every dog or cat shall be held responsible for any behavior of a dog or cat under the provisions of these rules.
(Code 1978, § 4-20)
Sec. 10-44. - Impoundment.
It shall be the duty of the county health officer or the city humane officer and other persons designated by such officer, to catch, confine and impound the following:
All stray dogs and cats, whether vaccination tag is displayed or not.
Animals, domesticated, wild or stray, which have bitten or scratched a person or have bitten an animal or have been bitten by a dog or cat or animal suspected of having rabies or have been exposed to rabies.
(Code 1978, § 4-21)
Sec. 10-45. - Public pound.
All animals picked up under this division shall be impounded in a public pound.
(Code 1978, § 4-22)
Sec. 10-46. - Entry upon lands for enforcement.
The county health officer, the city humane officer, or his authorized deputies are hereby authorized to enter upon any unfenced lot, tract or parcel of land for the purpose of seizing any dog or cat straying thereon. Nothing in this section shall be construed as authority to enter buildings without the permission of the occupant or owner thereof or a valid court order so authorizing.
(Code 1978, § 4-23)
Sec. 10-47. - Delivery of animals for impoundment.
Any person may take up and deliver to the animal control officer any animal which the animal control officer is, by the provisions of this article, required to impound.
(Code 1978, § 4-24)
Sec. 10-48. - Strays declared public nuisance.
Each stray dog or cat is declared a public nuisance.
(Code 1978, § 4-25)
Sec. 10-49. - Strays may be taken up by property owner.
Any dog or cat found straying upon public or private property may be taken up by the owner of such property or his agent and delivered to the animal control officer.
(Code 1978, § 4-26)
Sec. 10-50. - Citations.
When dogs or cats are straying and their ownership is known to the animal control officer or his deputy, such animals need not be impounded but the officer may, in his discretion, cite the owners of such animals to appear in a justice of the peace court or the municipal court of the city to answer charges of violation of this article.
(Code 1978, § 4-27)
Sec. 10-51. - Reports of impounded animals.
The county health officer or the city humane officer, or his deputies, upon receiving any dog or cat, shall make a complete registry, entering therein the breed, color and sex of such animal, and the place and time of taking it into custody. If tagged, he shall enter the name and address of the owner and the number of the vaccination and/or registration tag.
(Code 1978, § 4-28)
Sec. 10-52. - Fees for recovery of impounded animals.
The owner of any impounded animal may redeem such animal during regular business hours of the county animal control office prior to its disposition or destruction by having such animal duly vaccinated against rabies, and by payment of the $25.00 impounding fee and the $5.00 per day board fee for each day or portion of day such animal has been impounded, plus the cost of vaccination for the first impoundment of such animal; by payment of the $40.00 impounding fee and the $5.00 per day board fee for each day or portion of day such animal has been impounded for the second impoundment of such animal, plus the cost of vaccination, and by payment of the $75.00 impounding fee and the $5.00 per day board fee for each day or portion of day such animal has been impounded for each subsequent impoundment of such animal, plus the cost of vaccination. Provided, however, upon presentation of proof by the owner that the animal has been vaccinated within three months immediately preceding the impoundment, such animal shall not have to be revaccinated.
(Code 1978, § 4-29)
Sec. 10-53. - Holding period for impounded animals.
It shall be the duty of the county health officer or the city humane officer to keep all healthy unclaimed dogs and cats for a period of three days. If, at the expiration of such period of time such dog or cat has not been claimed or redeemed by the owner, the dog or cat shall be destroyed or disposed of as herein provided.
(Code 1978, § 4-30)
Sec. 10-54. - Selling of impounded dogs and cats.
The county health officer or the city humane officer shall be authorized to sell any animals impounded under the terms of this division and not redeemed within three days for the best price that can be obtained, provided that the original owners entitled to the possession of any animal sold pursuant to this section shall be entitled to redeem such animal upon paying the purchaser double the amount paid by him for the animal plus an amount equal to $3.00 for each calendar day or fraction thereof for the care and feeding of such dog or cat and all veterinary expenses incurred by the purchaser. Any dog or cat not so redeemed within 30 days from the date of sale shall become the absolute property of the purchaser.
(Code 1978, § 4-31)
Sec. 10-55. - Destruction of impounded dogs and cats.
It shall be the duty of the county health officer to cause all animals impounded under these rules not redeemed or sold as provided in this division to be humanely destroyed as required by the state department of health.
(Code 1978, § 4-32)
Sec. 10-56. - Special fund created; purpose.
All moneys collected by the county health officer under the terms of these rules shall be placed in a special fund under the control of the commissioners court and be used only for defraying the expenses of administration and enforcement of these rules.
(Code 1978, § 4-33)
Sec. 10-57. - Interference with officer.
No person shall interfere with, hinder, or molest any animal control officer or other party designated by the county health officer or the city humane officer, in the performance of any duty delegated under this division, or seek to release any animal taken and held in custody under the provisions of this division except as provided in this article.
(Code 1978, § 4-34)
Secs. 10-58—10-70. - Reserved.
Sec. 10-71. - Required.
The owner of every dog or cat shall have the dog or cat vaccinated against rabies as required by the state rabies control law, V.T.C.A., Health and Safety Code §§ 826.001—826.055, and the rules of the state board of health and amendments thereto.
(Code 1978, § 4-35)
Sec. 10-72. - Rabies control and quarantine.
When a dog or cat that has bitten a human has been identified, the owner will be required to place the animal in quarantine as required by the state rabies control law, V.T.C.A., Health and Safety Code §§ 826.001—826.055, and the rules of the state board of health in effect at that time.
(Code 1978, § 4-36)
Secs. 10-73—10-95. - Reserved.
Family Bystander Mental Anguish Claims
Texas recognizes the right of bystanders to recover damages for mental anguish caused by witnessing an accident, with the following limitations: the bystander must be a parent or child of the victim and the victim must have been killed or severely injured in the animal attack or mauling. Therefore, if you have witnessed a close family member mauled or bitten by a dog, you may want to pursue legal action on behalf of the injury victim as well as your own claims for witnessing such a horrific event. Contact a Tomball dog bite lawyer today to discuss bystander and mental anguish claims.
Negligence Based on Failure to Stop an Attack
A Texas 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 Tomball dog bite victim can sue for monetary damages if the dog owner does not attempt to stop the attack.
If you or a loved one have been bitten or mauled by a dangerous dog in Tomball or Harris County, TX, please contact one of the experienced Tomball dog bite injury lawyers listed on this page.
What Should You Do if You Have Been Bitten by a Dog?
- Make every attempt to keep the animal in sight, find its owner, and obtain the owner’s contact information, preferably verified by their photo ID.
- Immediately wash the wound out with soap and warm water.
- Make sure that you are up to date on your tetanus shots.
- Seek the help of a physician or visit a local hospital.
- Report the bite to the Tomball Planning and Development Services Department (contact information below).
- Seek the help of a Tomball dog bite attorney, if necessary, and maintain copies of all medical records and other relevant evidence.
For more information on dog bites and their victims, visit DogsBite.org
Dog Bite Reporting:
If you would like to report a Tomball area or Harris County dog bite or ask other questions pertaining to veterinary public health, do not hesitate to contact the Harris County Public Health & Environmental Services (HCPHES) office at:
A variety of animal training classes and services are offered by the Tomball SPCA. The Tomball SPCA may be reached at:
Contact one of the experienced Tomball dog bite lawyers above for a consultation regarding your claim.
Personal Injury Attorneys Serve Tomball and Surrounding Cities
Serving clients throughout Southeastern Texas, including Aldine, Atascocita, Bellaire, Conroe, Houston, Humble, Jacinto City, Katy, Magnolia, Mission Bend, Northwest Harris, Oak Ridge North, Pecan Grove, Pinehurst, Shenandoah, Spring, Stagecoach, Sugar Land, West University Place, The Woodlands and other communities in Harris County.
If you or a loved one has suffered an injury, please contact one of the experienced Harris County dog bite lawyers listed on this page.