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

Landlord Liability

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. 

Comparative Negligence

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.

Hundreds upon thousands of people suffer from dog bite injuries each year. Dog bite injuries can cause emotional and physical pain and scarring. While there are laws in place about dog bites, these laws can make it hard to hold dog owners responsible for their dog biting someone. Reach out to a one bite law lawyer in Houston, TX to prove your case successfully.

What Is the One-Bite Rule?

Texas has a one-bite rule, instead of stricter laws that makes it easier to hold owners accountable. Texas’s one-bite rule more or fewer promises that a dog is allowed a “free bite” before an owner is held accountable. 

Under the one-bite rule, to hold the owner liable for injuries to a victim, one of these circumstances must occur:

• The dog previously bit someone, and the owner was aware of this.
• The dog had a tendency toward dangerous behavior, and the owner was aware of this.
• The owner was negligent, and that caused the attack.
• The dog bite occurred as a result of a violation of the Texas animal control or dog bite law.
• The owner intentionally caused the accident.

Proving Negligence for Texas Dog Bite Claims

If you have been bitten by a dog who does not have a history of attacks, you can possibly hold the owner accountable under “negligence per se”. This Texas dog bite law allows bite victims to hold the owners accountable if the owner was in violation of an animal control law.

Negligence per se is extremely important because it provides a legal avenue when the one-bite rule isn’t met. However, to prove negligence you have to peruse the multiple municipal and county codes to locate the law that the owner violated. Then you can contact a one bite law lawyer in Houston, Texas and get started determining your eligibility and determine any liability.

How to Define a Dangerous Dog

A dog bite lawyer Houston, TX can help you determine what dog bites hold the owners responsible under Texas law. This legislation defines dangerous dogs and gives legal requirements that the owners of dangerous dogs must adhere too.

Texas dog bite law says that a dangerous dog is:

• The dog makes unprovoked attacks.
• The dog acts like it will attack when let out of its enclosure.

Owners of dangerous dogs must:

• Register the dog with the local animal authority.
• Keep the dog on restraints at all times.
•  Maintain a $100,000 liability policy.
• Provide proof of insurance to the local animal authority.
• Abide by all local restrictions on dangerous dogs.

With the help of a dog bite lawyer in Houston, TX, you may be able to get compensation for medical bills, future surgeries for scarring, disfigurement, disability, pain and suffering, as well as emotional anguish and more. Work with a law firm, such as John K. Zaid & Associates, to receive the best lawyer for your case in Houston, Texas. Their experience will prove valuable.