Dog bites can result in serious physical, emotional, and financial compensation for the victim. However, filing a lawsuit against the dog owner may not be as straightforward as one might think.
Texas has a "one bite rule," which frees the owner of liability if it is the first time their dog has attacked someone. Given the often serious nature of the resultant injuries, victims must explore their options to determine whether they have a case.
A reliable personal injury lawyer who is well-versed in Texas dog bite laws can help protect claimants' rights and guide them through the claims process. They also have insight on how to file a lawsuit for slip and fall in Texas.
This article will provide insight into these cases and offer advice to injured parties on how to proceed with legal action.
Understanding Dog Bite Cases: Why Would a Dog Attack?
Before filing a dog bite claim for damages, plaintiffs must understand the nature of these events and why they occur. Dogs become aggressive for a variety of reasons. The most common are as follows:
Fear
Protective instincts
Pain
Fear-induced hostility usually happens when the animal feels cornered or threatened and responds to what it perceives as danger.
Territorial behavior happens when a dog senses that an intruder is entering its space and reacts in order to protect it. Moreover, dogs that are in pain can resort to biting when approached or touched by a stranger.
A Closer Look at Dog Bite Law
Texas law specifies how dog attacks are to be handled. The section below will explore pertinent rules to ensure that bite victims have access to the information they need.
The One Bite Rule
This law stipulates that Texas dog owners cannot be held liable for a dog bite injury if it is the first time their canine companions have attacked someone. The reason for this is simple - there was no way for the owner to have known that their dog was dangerous.
However, if this was not the first bite, the dog owner would assume strict liability because they knew that their furry friend could hurt someone. Claimants should remember that all owners are liable for resultant damages, even if they took reasonable precautions to keep their dog from biting someone else.
Negligence
The law also allows victims to file a Texas dog bite lawsuit against dog owners who were grossly negligent, which led to the attack. Not ensuring that an injured animal is taken care of when injured or allowing them off the leash in a public place could make them liable.
However, the burden of proof will be on the plaintiff. He or she will need to prove that their injuries were caused by the dog in question and that the attack was the result of the owner's negligence.
A reliable dog bite attorney can help claimants gather evidence, contact expert witnesses, and investigate the case to produce compelling proof.
Statute of Limitations
The statute of limitations or deadline for a person to file a legal claim against the dog's owner in a personal injury case is two years from the date of the attack. Failing to take legal action within this timeframe will result in the victim losing their right to pursue compensation.
Moreover, claimants are encouraged to take swift action, as dog bite cases are incredibly complex, often requiring time for a legal representative to gather enough evidence to support the claim.
Common Injuries Sustained Following Dog Bites
Dog bite injuries are often severe, requiring medical treatment. Here are some of the effects of such attacks:
Lacerations and puncture wounds
Nerve damage
Rabies or other infections
Fractures
Broken bones
In extreme cases, dog bites can lead to death. The family members of the deceased may be able to file a wrongful death suit against the owner for damages.
How to File a Lawsuit for a Dog Bite in Texas
Dog bite claims are often complex, requiring the guidance of a reliable attorney. The first step a claimant needs to take is to contact a reliable law firm to obtain sound guidance on how to proceed. An attorney will investigate the circumstances surrounding the dog bite case, ensuring that no stone is left unturned in the pursuit of justice.
They will also file a legal claim, taking care of the paperwork and correspondence to ensure that the victim has enough time to recover. The legal representative will also provide the information that the defense needs and handle negotiations to try to reach an agreement.
However, if the case cannot be handled amicably, a personal injury lawsuit will be filed, and the matter will be taken to court, where the attorney will represent the claimant.
Having Dependable Legal Representation Is Invaluable in Dog Bite Claims
A Texas dog bite case can be incredibly complex, and without the help and support of a dog bite lawyer in Houston, obtaining a good outcome is difficult.
Respected personal injury attorneys bring many years of experience to the party and can help claimants hold owners responsible for the conduct of their dangerous dogs. They can pursue important evidence and hire experts to ensure their clients get a good chance at receiving financial recompense. They can also help with how to file a lawsuit for wrongful death in Texas.
However, not all lawyers are the same, so due diligence is required when making a choice. Reputation, experience, conduct, and more should all be considered when a plaintiff decides who will handle their case.
Victims Can Turn to Schuerger Shunnarah Trial Attorneys for Assistance
The truth is that dog bites can leave victims with lasting injuries and emotional scarring that lasts a lifetime. To ensure that they receive the compensation they are rightly due, victims are encouraged to approach a reliable personal injury attorney to learn more about their rights.
Fortunately, injured parties don't have to spend hours looking for a reputable law firm. Schuerger Shunnarah Trial Attorneys offers extensive legal support for dog bite victims, and we are not afraid to go the extra mile to ensure a favorable outcome.
Those who have suffered injuries because of a dangerous dog can contact us to learn more or schedule a FREE consultation and case review.