One Bite Law Lawyer Houston, TX
One Bite Law Lawyer Houston, TX
Nearly all states have statutes on injuries caused by a dog bite. Texas is unique in that there is a “one bite rule” and common law negligence that governs liability for any dog bite. If you have been bitten by a dog and are claiming this rule, you should speak to a one bit law lawyer in Houston, TX. It will be up to you and your lawyer to prove that the dog’s owner or keeper tried to bite someone in the past, or did so. If you cannot prove this, you are then responsible for proving negligence or carelessness on part of the dog’s owner.
Negligence Over the One Bite Rule
Negligence refers to the failure to do what a reasonably sound person in a similar circumstance would have done. In a dog bite case, negligence must be proximate cause to your injuries. As a Houston, TX one bite law lawyer will explain, to prove negligence was the primary cause, you must demonstrate:
- The dog had an owner
- The owner cared for that dog
- The owner owed you a duty to exercise reasonable care in preventing the dog from biting others
- The owner failed to adhere to this duty
- Because of their failure, the dog bit you
- Your injuries resulted in harm
If you cannot prove all of these elements, your case could be dismissed. A dog bite lawyer Houston, TX respects should be immediately consulted for further advice.
Examples of Negligence in Dog Bite Cases
Negligence Per Se – When a person violates a rule or law, and that violation leads to an injury that the rule or law was meant to protect, it may be grounds for negligence per se. For instance, if you were bit by a dog that was running loose, and the owner knew it was not supposed to be, the court might deem the owner’s negligence per se. In order to establish this, your one bite law lawyer in Houston, TX must show:
- The owner violated a rule or law (also known as a statute or ordinance)
- Their violation caused your injuries
- The law or rule was meant to prevent
- You were a member of the population that the rule or law was meant to protect
If a tenant knows their dog is dangerous, their landlord can be liable. In order for this to be applicable, it must be proven that the landlord knew about, or should have known about, the potential dangers and risks of the dog. The bite must have also happened in an area owned or managed by the landlord.
In Texas, you can be found partially at fault. For example, if you stepped on the dog and it reacted by biting you, you might be found partially to blame. If, in this same example, you were awarded $50,000, but were found to be 25% at fault, you would likely only receive about $37,500. You may receive nothing if you were over 50% to blame. In general, children under the age of 6 cannot be found comparatively negligent.
Because of the one bite rule in Texas, many owners will deny that a dog ever tried biting someone in the past. They might also argue that you provoked the dog or were trespassing. In the event the later is true, there could be challenges to your case’s validity.
Dog bite cases in Texas tend to be extremely complicated. You should have a one bite law lawyer in Houston, Texas on your side. Call John K. Zaid & Associates now.