55 What is a “Dangerous Dog”?

After the recent attack of a woman in South Dallas by 4 dogs, I have heard this phrase being used. Legally, Texas defines a Dangerous Dog as one that “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 and that was reasonably certain to prevent the dog from leaving the enclosure on its own.”
https://www.animallaw.info/statute/tx-dangerous-subchapter-d-dangerous-dogs
In the recent attack, there were 4 dogs outside their fence: 2 pit bull terrier mixes, 1 boxer mix, and a Queensland heeler mix. None were current on rabies vaccination, not spayed or neutered, and not microchipped. (But the neighbors knew whose dogs they were). Certainly, 4 medium to large dogs “at large”, or roaming the neighborhood can be hazardous. Dogs in a pack can behave very differently than individual dogs, just like teenagers. I see lots of pit bulls, and don’t believe they are more aggressive to humans than other breeds, but they can be dog aggressive. I also caution my pit bull owners to always have the best behaved and well trained dog on the block because they will always get blamed because of the breed’s “reputation”.
When a human gets injured, especially in this case, they seek medical attention. The doctors often are the first to report that a bite has taken place. That triggers the local Animal Control to investigate, ensuring proper management of biting animals, and enforcing local and state rabies laws. Usually, if the pet is current on rabies vaccination, they can be quarantined at home for 10-14 days, and then released. If the rabies vaccination is not current, they will have to be quarantined at Animal Control. If the animal is suspected to be rabid, euthanasia might be recommended, and the head will be sent to Austin to be checked for rabies. There is no “blood test” for rabies. Sometimes after the pet completes the rabies quarantine, the owner does not want the dog back. Or they can’t afford to fix the fence, get all their vaccines, etc. It doesn’t always end happily. In the South Dallas case, the owner authorized euthanasia on all 4 so they could be tested for rabies so the victim wouldn’t have to go through rabies treatment while waiting the 10 days of quarantine.
If owners elect to keep a dog that has attacked a person, a judge might legally deem the dog “dangerous”, and that triggers another set of rules to follow. Those owners must register their dog, keep them vaccinated for rabies, provide proof of homeowners insurance, have them microchipped, keep the fences locked and childproof, and have their fences inspected regularly. They can’t go out in public without a muzzle.
https://www.cityoflewisville.com/about-us/city-services/animal-services/animal-services-ordinances
So a legal “dangerous dog” has to have an unprovoked attack on a human (not a pet), that causes bodily injury, outside the pet’s normal enclosure. If a person comes into your home or fenced yard, and the dog bites them, this doesn’t apply since they were in their normal enclosure. If two dogs “fence fight” and one gets injured, this doesn’t apply. If a dog on leash bites a stranger that wasn’t provoking it, it might be deemed a “dangerous dog”. I worry about some of my canine patients that just don’t like children, are out on a leash, minding their own business, when a child runs up to it and tries to hug them. Those dogs feel provoked, and might bite a child in the face or hands.
The bottom line is keep all your pets (cats too) vaccinated against rabies for your legal protection, and make sure they can’t get out of the yard, or off leash. You are legally responsible for any damages that your pet causes, including injuring another human. Fortunately, most home owners’ insurance policies cover this. If you see a dog “at large”, call Animal Control. They are trained to handle lost, scared, fearful dogs and cats. They can scan them for microchip and identification. And they will be the first place a concerned owner will call to find them.
https://www.animallaw.info/statute/tx-dangerous-subchapter-d-dangerous-dogs