You may be wondering if you can sue someone for a dog biting you. The answer is yes however this is not a straightforward answer because in Texas they have the one bite rule in relation to dogs. The one bite rule is that the owner is not liable for the very first bite. A dog owner cannot be liable for an attack because of the dog’s lack of a history of prior attacks, according to Texas law, and so the one bite rule came into practice.
Dog bites are specifically on the rise across the nation, but more specifically in Texas. According to the CDC, approximately 5 million dog bites every year and of those injuries, at least 800,000 of people bitten need medical care. Over 300,000 go to the emergency room every year as estimated by the Center for Disease Control over a dog bite.
The dog bite issue is a lot bigger in Texas than people realize. Between 2005 and present-day there were 34 fatalities recorded as a result of dog attacks. The fact that 34 people died as a result of dog attacks is huge, and it actually outstripped other states. Another reason that it is disturbing is that most of the targets for dog attacks are children; 52% of all dog attacks involving children are three-year-olds and 68% are under the age of 12.
There are two ways to file a dog by claimant taxes. Strict liability and negligence are those two ways. A dog bite lawyer in Houston, TX is going to be able to answer any and all questions you have about strict liability versus negligence and why one or the other is going to be correct for your case. We got to a dog bite lawyer in Houston, TX, such as the ones available at Zaid Law Offices today.
To proceed on a negligence claim, the victim or plaintiff has to prove that the dog’s owner or the person that was caring for the dog was indeed negligent. You must also be able to prove that the owner’s negligence caused the plaintiff’s injuries. The owner being negligent may involve an improperly restrained dog, an untrained or poorly trained dog, or that the owner made very little effort to intervene during an attack.
Strict liability refers to the defendant and dog owner as being responsible for injuries caused by his or her job provided that the plaintiff and victim can prove the defendant owner was the animals owner and possessor and that the dog question has a history of dangerous propensities compared to other dogs. You must also be able to prove that the owner and defendant knew or had reason to know that the dog was dangerous and that the dangerous dog was the direct cause of the injuries.
When you are working with a dog bite lawyer in Houston, TX there are things to avoid when filing a claim. You want to avoid settling too early, as insurance companies want to settle early for less than you could be awarded in court or by settlement. You should ensure that you call the police and get information from bystanders at the scene, you should not speak to the insurance company without your lawyer present.