It is important to note, though, that regardless of why the dog barked, you are not at fault unless you in some way provoked the dog. Provocation is pretty much any act that causes an immediate and radical change in the dog’s behavior. It can include but is not limited to:
- Hitting the dog
- Trapping the dog in a small space
- Pulling on its tail, legs, ears, or fur
- Stepping on its tail
If you provoked the dog, then the other party may be able to blame you for the attack. As such, it is important to note what is not necessarily considered provocation in the event the defendant tries to claim it:
- Walking toward a dog
- Walking towards and/or addressing the owner
- Being seating and getting up to face the dog
- Reaching to pet the dog
- Playing with and petting the dog
- Feeding a dog
- Extending a hand over or through a fence
- Transporting the dog when it is injured
Provocation may be determined by the overall circumstances, and so again, that is why contacting a dog bite attorney in Texas may be critical because the outcome of the case can turn on how the facts and circumstances are argued.