An elderly Texas woman survived an attack by a neighbor’s rottweiler after the rottweiler attacked her as she was out walking her pet chihuahua. This was the second time the woman and a pet chihuahua had been attacked by the same dog. The chihuahua involved in this attack survived; the one in the earlier attack did not.
The woman suffered bruises and contusions as a result of the attack. The chihuahua needed surgery, but was expected to survive the attack.
Most cases involving animal attacks are resolved in claims brought under the Animal Control Act, or “dog bite statute.”
Victims of dog bite attacks do have the option of purusing claims based on common law negligence. This requires proof that the owner had notice of the dangerous propensities of the animal. In this case, the history of the prior attack would certainly serve as sufficient proof of that, but it does not necessarily have to go that far in order for owners to be put on notice of the dangerous propensities of their dog.