Being attacked by a dog can be a traumatic experience. A dog bite, mauling, or being knocked down by a dog can cause severe injuries to both children and adults.
The Center for Disease Control and Prevention found that each year, over 14,025 people in the United States are treated for dog bites. While injuries may range from scratching to open wounds, certain breeds of dogs have also been involved in the fatal attack of people.
Not only can wounds, broken bones, and lacerations from dog bites prove to be a serious and traumatic injury, but there are also instances where infections as a result of a dog bite or attack may arise.
Who is at Fault?
A dog owner may be strictly liable for the actions of their dog. If a dog bites a person, causes an accident, attacks other people, or causes other injuries as a result of the dog’s actions, a dog owner may be responsible. A homeowner’s insurance policy or renter’s insurance policy may provide coverage to pay for the damages.
Depending on the particular situation of your case, a dog’s dangerous propensity may have to be shown or proven to determine whether the dog owner is responsible for the dog bite or dog attack.
If you or a loved one has been attacked by a dog in Texas or anywhere across the nation, it is important to speak with an experienced dog bite attorney about your particular case. Don’t guess about your legal rights or about the value of your claim. Call today at (281) 990-5200 for a free consultation of your claim.
What You Should Do After a Dog Bite
If you or a loved one has been bitten by a dog, you should seek medical attention immediately and gather important details to build your case. These include:
- The dog owner’s name, contact information, & where the dog bite occurred.
- Ask the owner for all vaccination records and veterinarian details.
- Take photos of your wound
- Seek medical immediately after the attack occurs
- Collect medical records from your treatment
- Make sure to go to all follow-up appointments & maintain the treatment plan from your doctor
- Hire an experienced dog bite injury attorney
Dog bite injuries can be serious and require an experienced attorney to pursue your case successfully. Joe I. Zaid & Associates our dog bite attorneys in Texas and across the nation that will provide the confidence and expertise you need to pursue your claim. You deserve financial recovery for all your damages and injuries and we can take care of the legal aspect of your case while you focus on recovery.
Liability in Texas
Texas is considered a “one bite state” because there is no specific law for dog bites in Texas. So this means that the injured victim cannot recover damages if the dog has not bitten someone else in the past.
However, if you are bitten by a dog, you can sue the owner for negligence if:
- The dog owner did not take precautions to ensure that the dog would not bite someone.
- They witnessed their dog attacking someone and did nothing about it.
- A landlord knowingly knew their dog was vicious but failed to keep other tenants safe.
Witnessing a dog attack can be quite traumatic so someone close to the victim can sue the dog owner in Texas and be eligible for damages. If you want to hold someone legally responsible for your injuries, Joe I. Zaid & Associates will discuss your case and let you know how much compensation you may receive. You may be able to receive compensation to pay for your pain and suffering, medical bills, and lost wages.
Dangerous Dog Laws
Dangerous dog laws are codes or ordinances that give the government power to deal with dangerous and vicious dogs. Texas as well as other municipalities and countries have adopted rigid requirements for a dog bites history. The government gives the animal control departments to remove, register and put down aggressive dogs.
Leash laws were created by municipalities to prevent dogs from running without a restraint. Depending on the city, a dog is required to be on a leash at all times except when enclosed in a space. This law may allow a victim to hold the dog owner responsible for not keeping their dog on a leash.
Negligent Handling of a Dog
Negligent handling of a dog is a failure to keep a vicious and dangerous dog from biting another person and knowingly aware that the dog will attack. Examples of this would be restraining a dog to a chain or rope to restrain its movements around unknown people or allowing strangers around a dog that recently gave birth.
Negligent handling of a dog is a cause for action based upon the Restatement of Torts 518 that states:
Except for animal trespass, one who possesses or harbors a domestic animal that he does not know or have reason to know to be abnormally dangerous, is subject to liability for harm done by the animal if, but only if he is negligent in failing to prevent the harm.
Restatement of Torts is not a law but a statement by legal principles that have been accepted in some courts. Texas courts have used the Restatement of Torts to define a cause for action in negligent handling claims.
These elements include:
- The defendant was the owner or possessor of the dog.
- The defendant owes a duty of care to prevent the dog from attacking and injuring others.
- The defendant breached the duty.
- The defendant’s breach was the cause of the injury.
Even if the “one bite rule” did not apply, the defendant can still be found responsible under the negligent handling of a dog clause. The key in these cases is a breach of that duty to act. For example, if a dog is injured or just gave birth, sending a stranger to tend to the pups is negligent even if a dog has never been aggressive before. The owner must understand that under these circumstances a dog may feel threatened when a stranger approaches them.
Another example would be a large dog that knowingly jumps on everybody the dog meets and letting the dog roam free around a retirement community. Even if the dog is not dangerous, allowing this to happen can give rise to a negligent handling claim.
Contact Our Attorneys Today!
We understand the trauma you or a family member may be experiencing after a dog bite attack. We offer a free consultation and you do not pay us anything unless we win your case.
Don’t be a victim any longer, contact our firm today to get started on your case. You can send us an email, send us a message via live chat, call, or fill out our free case consultation form. We want to help you obtain the compensation you deserve so that you can get your life back.