1. The person bitten assumed the risk. This would be the case where signs were clearly seen warning of the dog, or a verbal warning given.
2. The bitten person’s own negligence led to the injury.
3. The person provoked the attack. This could be either deliberate or unintentional. Striking a dog or teasing it is deliberate provocation. Accidentally standing on the animal’s tail, or tripping over a sleeping dog is not intentional but it is provocation.

If you or a family member are the victim of a dog bite or attack there are some basic things you should do.

• Seek medical attention. Even mild dog bites can quickly lead to infections and you will probably be given antibiotics along with any other treatment that may be necessary.
• Gather information.  Note the dog’s breed (if you can), size and color. Get a photo if you can. If possible find out the dog’s license number and whether it is vaccinated. Note the time and location of the incident. Get the contact details of any witnesses.
• Often the owner’s insurance representative will contact you and possibly offer settlement. It is in your own best interest to refuse this and not discuss the incident with them. Let them know a lawyer will be in contact.
• Report the incident to your local animal services.
• Contact a personal injury lawyer for advice on what to do next.

Legal Website: Texas Attorney Michael Lowe. Representing clients in Dallas.