Pets can do a lot for their owners – they bring people unconditional joy, love, and laughter. Animals can also make people feel safer by watching over a house or property. Many people say their family would not be complete without their dogs or cats. However, domestic animals sometimes lash out and attack people. Dog bites can leave people with devastating injuries.
After an animal attacked an injured you or a loved one, you should discuss your legal options with a Leander dog bite lawyer. A knowledgeable injury attorney can assess your evidence, explain local dog attack laws, and help you file the most compelling claim possible.
A dog bite can cause substantial damage and have significant repercussions. Any attack could lead to physical injuries, financial strain, and emotional trauma.
The physical injuries associated with a dog bite can be painful and debilitating. Many adults suffer severe damage to their legs or arms as they try to push an attacking dog away. Meanwhile, kids might be left with serious trauma to the whole body, as they are smaller and not as aware of a dog’s physical power. Instead of approaching a dog cautiously, children frequently put their faces right up to the animal, or they might unknowingly provoke it. Therefore, children often suffer face, head, and neck injuries due to dog bites.
A dog attack can also knock a dog or child to the ground, which can cause them to suffer head wounds, broken bones, and other injuries from the fall. A heavy dog can even jump onto a person, leading to internal organ damage or crush injuries.
Any of these injuries would require medical treatment and follow up care. Therefore, after being attacked by a vicious dog, calling an ambulance and seeking adequate medical treatment should be a priority.
The emotional impact of a dog attack can also run deep. After being injured by an aggressive dog, a victim might experience depression, anxiety, and stress. Even being around a dog could be traumatic for an attack survivor.
The financial cost of recovering from a dog bite can also be substantial, especially if a plaintiff has no way to work and earn a steady wage.
A diligent Leander attorney understands the physical, emotional, and financial impact of a dog bite and can help a plaintiff seek compensation for their many losses.
State law follows a “one-bite” rule, which often does not help the victims of dog attacks. To recover damages after a dog bite, a survivor or there family will need to work with a Leander lawyer to prove that the dog in question had bitten someone in the past or had a history of acting aggressively. A claimant can also argue that the dog’s owner did not use reasonable care to prevent the animal from biting someone.
Speaking with a dog owner or witnesses to establish that the animal had a history of violence is typically the strongest way to assemble a compelling claim, and a seasoned legal team member can handle this challenging aspect of the civil claims process.
The “one-bite rule” was established under a Texas court case, Marshall v. Ranne. The Texas Supreme Court ruled that unless a dog has been declared a vicious or dangerous animal, a plaintiff must show that:
The rule does not give a dog “one free bite.” A victim can still recover damages if they can provide evidence that the owner knew or should have reasonably known that their dog was vicious or aggressive and should have taken steps to control it.
Evidence of this knowledge can come from witness statements, such as neighbors or delivery drivers who may have been attacked by the animal, doorbell or Ring camera footage demonstrating the animal’s behavior, and similar evidence. Your attorney can help you obtain this data to present to an insurance company or court.
Texas Health & Safety Code § 822.041 defines a dangerous dog as one that has made an unprovoked attack on a person in a place other than an enclosure where it was confined to prevent it from attacking other people or animals. Once an animal has received a dangerous dog designation, the owner is required to:
A dog becomes a dangerous dog after the first bite, so no owner who has a dog that has attacked someone, even if it was minor, can reasonably claim they were unaware of their dog’s tendencies. If you have been the victim of a dog bite, your attorney can review animal control records to see if the dog or its owner has been in court before. This can provide good evidence that the owner knew the dog was aggressive and should have taken steps to control it.
A dog may also be declared dangerous after a hearing per Tex. H&S § 822.003. If it is believed the dog caused the death or serious injury of a person, animal control can seize the animal, and a hearing must be held within ten days of the seizure. At the hearing, any interested party may provide evidence of the animal’s behavior. The judge can order the dog humanely euthanized or returned to the owner with restrictions. If the dog is found not to have caused the injuries, the case will be dismissed.
You may still have legal recourse if the dog’s owner violated local leash laws. For instance, if the dog was running loose in violation of state or city requirements that dogs must be leashed or restrained at all times, you could have a civil case for harm done regardless of whether the dog was dangerous.
Being attacked by a vicious or aggressive dog can change your life. After a bite, you might be left with serious injuries, emotional trauma, and a wide array of financial setbacks that prevent you from getting your life back on track.
You deserve compensation for your trauma, and our legal team is here to help. A Leander dog bite lawyer can answer questions, help you collect evidence of a dog’s aggressive past, and handle the process of filing a claim for compensation. Call today to learn more.
