Dog Bite Lawyers
Dog bites can be dangerous and severe and even with the best medical treatments
can have a difficult recovery. Since they often involve puncture wounds,
these bites can have serious infections, torn skin and muscle and ligament
damage. Knowing the laws around dog attacks and what you can do about
injuries suffered is imperative.
Dog Bite Facts
Every year according to the CDC, over four and a half million people suffer
Of these bites, twenty percent (nearly 800,000) require some level of
Half of the medical attention related to dog attacks is received by children.
In general, children suffer the majority of dog bites and are more likely
to be severely injured.
On average, every year around 40 Americans die from injuries caused by
The One Bite Rule
In Texas, the law is referred to as the “one bite rule.” According
to this law, the owner of the animal is liable for any injuries inflicted
upon the victim if the dog had either attacked or attempted to attack
another person in the past. This means that the victim has the legal right
to collect damages when the dog has shown violent tendencies in the past.
Not only do these tendencies include previous biting incidents, but also
the attempt to bite or attack a person. The courts can come to this conclusion
through evidence gathered from testimony of those who have observed the
dog acting viciously, jumping or straining at the leash in an attempt
to attack someone. While these laws make determining liability and collecting
damages more difficult, a legal team experienced in dealing with dog bite
cases like Doan Law Firm can be more than capable in successfully getting
you the justice you deserve.
Exceptions to the One Bite Rule
Even with the “one bite rule,” there can be potential liability
for the owner of a dog who bites another person. When you are injured
because of the negligence of anyone who fails to exercise reasonable consideration
for others' safety, that person is potentially liable for damages.
There are many county and municipal animal control laws in Texas requiring
dogs who are not in a pen or a fenced yard to be on a leash. Dogs kept
for security purposes on a property must be restrained and warning signs
must be posted to make people aware of the animal's presence.
Animal Control Laws and Liability
If a person has violated animal control laws and thereby allowed their
community to be endangered by a vicious animal and that animal attacks
and injures someone, they have also failed in their duty to protect the
safety of others. This means that they can be held liable for this violation
by the victim or their family. Under the Texas Health and Safety Code,
serious bodily injury for animal attacks are considered “severe bite wounds or severe
ripping and tearing of muscle that would cause a reasonably prudent person
to seek treatment from a medical professional and would require hospitalization.”
Circumstances That Preclude Liability
Dogs that have caused death or serious injury will be seized and destroyed
unless there are sufficiently established mitigating circumstances.
These circumstances can include:
- Instances of trespassing by the victim onto the dog owner's property.
- Owner posted signs warning of potential danger of the dog.
- The owner was under attack by the victim of the dog bite.
Even with these potential instances, it is worthwhile to investigate your
options if you are the victim of a dog bite attack. A legal team with
an understanding of the laws around dog bites and animal attacks can be
an essential ally for your case.
Section 822.005 of the Texas Health and Safety Code considers a person
in violation if they have failed to secure the dog and then the dog makes
an unprovoked attack on any property besides the owner's property,
including home, vehicle or boat, leading to serious bodily injury or death.
As many dog attacks take place away from the owner's property, this
is an important consideration in terms of determining liability and potential damages.
Know Your Rights
If you have been the victim of a vicious dog attack and been seriously
injured, it is important to promptly seek legal counsel from a Texas attorney
well-versed in the laws around your situation. Treatment costs are high
and severe injuries may require many surgeries and years of healing. Because
of their shorter height, children often suffer dangerous injuries to the
head, neck and face that require specialized and expensive care. These
injuries and treatments might cause you to struggle with your normal work,
family or leisure activities or worse, have some permanent disability.
In the worst cases, an adult or child could potentially die from the wounds
caused in the attack. In such cases, a wrongful death suit should be filed
against the owner to seek justice and compensation.
Doan Law Firm Can Help
The legal team at the Doan Law Firm serves the State of Texas in dog bite
and other animal attack cases involving serious injury or death. If there
is negligence on the part of the dog's owner, you are entitled to
receive compensation for the injuries caused to you or your loved one.
Contact the firm to discuss you dog bite case and how to proceed with legal action to recover
the full compensation for economic, physical and emotional damage.