The Common Law

Dangerous, aggressive dogs

One of my neighbors has a large Rottweiler. When the neighbor walked past me on the sidewalk, the dog lunged aggressively and tried to bite me. The owner had the dog on a leash and was able to pull him back right before he bit me. I've seen the same dog act aggressively to other people and dogs for no reason. I walk my kids through the neighborhood all the time and I'm worried this dog could attack them. I'm worried it's only a matter of time before this dog attacks someone. Is there anything I can do to try to prevent this (other than talking with the owner which hasn't worked)?

Texas law defines a "dangerous dog" as one that (i) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept or (ii) commits unprovoked acts leading a reasonable person to believe that the dog will attack them in a place other than an enclosure reasonably certain to prevent escape by the dog.

Based on the question, there's been no actual bodily injury from the dog's aggressive behavior; however, this could very well be a dangerous dog because the incidents you describe were unprovoked and occurred on public streets. So, assuming these actions qualify under the "reasonable person believes the dog will attack" standard, then what can you do about it?

You can report the incident to the local animal control authority (locally it's the Austin/Travis County Health and Human Services Department's Animal Protection program). In Austin, it's recommended you call 311 to report aggressive animals that are a public safety concern. The animal control authority can investigate the incident and will attempt to get statements from witnesses of the dog's behavior. The animal control authority will then determine whether it believes that the dog is dangerous.

The dog's owner will be notified if the dog is deemed dangerous. The dog's owner may appeal the determination that the dog is dangerous within 15 days after the owner receives the notice. Texas law makes owners of dangerous dogs comply with numerous additional requirements. The city of Austin maintains a database of all dangerous declared dogs.

Please submit column suggestions, questions, and comments to thecommonlaw@austinchronicle.com. Submission of potential topics does not create an attorney-client relationship, and any information submitted is subject to being included in future columns.

Marrs, Ellis & Hodge LLP, www.mehlaw.com.

The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.

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