In Texas, a person can find themselves liable for the actions of an animal considered to be “abnormally dangerous”. An animal will be considered “abnormally dangerous” if its dangerous propensities that are abnormal to its class. That means that if the animals breed is typically known for being calm and sweet, yet the animal in question had bitten or nipped at a person in the past, it could be considered to have “dangerous propensities abnormal its class”. A domesticated animal is any animal (i.e. dog, cat, pig, horse, etc.) that is by custom devoted to the service of mankind at the time and place it is kept.
To prove a cause of action for injury by a dangerous domesticated animal, the plaintiff must show that:
1. The defendant owned or possessed the animal;