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Personal Injury Law: Dog Bites
According to the U.S. Humane Society, dogs are the most common household pet in America, with 39% of households owning one or more dogs. While most of these dogs are well-trained and loving members of the family, there are others that are either trained to be aggressive or prone to harming a person if they become agitated or feel threatened. While any dog can become aggressive and bite someone, there are certain breeds that are statistically more likely to cause someone harm. These include the following: Pit bulls, Rottweilers, German Shepherds, Chow Chows, Huskies, and Akitas. More about our San Antonio Dog Bite Injury Attorney here
With an estimated 4.7 million dog bites occurring in the U. S. each year, nearly 800,000 of which require medical care, Texas is among the majority of American states that makes a dog owner legally liable for all of the damages inflicted upon a dog bite victim. Under Texas Dog Bite Law, dog owners are liable for damages suffered by the person bitten whether they were regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness. If you or anyone you know has been the victim of a dog bite, please contact our Law Firm for a free consultation. Unless we recover a settlement or judgment, you will not have to pay any fees. So, make that call today!
Exclusions to the Texas Dog Bite Law
There are generally two types of dog bite claims in which the defendant may appear liable without having to pay the victim at all, or without the responsibility of paying all of the victim’s losses. The first involves a victim who was trespassing. The dog bite statute permits a defense based upon trespass, but only if the trespasser had criminal intent. The second type involves Contributory Negligence or Assumption of the Risk, which means that the dog owner has adequately warned his/her neighbors of their dog’s aggressive behavior and have taken adequate measures to keep the dog away from the general public. For instance, if the owner has displayed a Beware of Dog sign in a reasonably viewable place, a person who ignored the owner’s warnings and was injured by the dog might not successfully sue the owner.
Filing a Claim under the Texas Dog Bite Law
To recover, a plaintiff must prove only that the defendant owned the dog, that the dog bit the plaintiff, and that the plaintiff was in a public place or lawfully on the owner’s property. Depending on the seriousness of the injury resulting from the bite, you may be entitled to recover for medical expenses, lost wages, pain and suffering, and property damage. In some instances, you may also be entitled to punitive damages, which are awarded to punish someone for his or her behavior. To justify an award of punitive damages, the wrongdoers conduct usually must be more than negligent, such as reckless or intentional conduct. For example, if a dog owner knew his/her dog was very dangerous, a jury could conclude that punitive damages were appropriate. Don’t wait to get help. Please contact our Law Firm for a free consultation.
