Dog Bites In Texas – What You Can Do About It
20 May 2015No Comments
If you have ever been approached by an angry dog, you know how scary the situation can be, especially if the dog won’t stand down to you. If you have been bitten by a dog, you need to seek immediate medical attention if the bite is serious. Dogs are able to transmit rabies or your wound may become infected if the proper treatment steps are not taken.
If you have a minor bite from a dog, you need to get as much information about the dog as you possibly can. When you are bitten, you want to call the police or animal control in your city to come out. Of course, this can be difficult if the dog is a member of the family or belongs to someone close to you. Try not to think of it as a personal attack on the person, but you doing your best to protect yourself, the owner, the dog and others.
How Soon Does a Claim Need to Be Filed?
If you were bitten by a dog, you need to decide what you plan to do about it. If you are going to sue the liable party, you should hire experienced personal Injury attorneys to help you go to court. You do have a period of up to two years after the bite to file a claim in Texas. After the two years has passed, you will forfeit your opportunity to file. Many people find that filing the case soon after the incident has occurred is the best way to go.
Dog Bites and the Law
Of course, there are laws governing dog bites and you cannot necessarily pursue someone who is protected under the laws. For instance, Texas has a law known as the one-bite rule. This means that an owner of a dog is only liable for a bite if the owner had knowledge that the dog would bite. Under this law, every dog will receive a free bite per se. Once the dog has bitten someone, the dog’s owner will be liable for any other bites after that and of course, the dog could be euthanized for an attack.
It can be difficult to prove negligence or fault in a case where a dog has never bitten anyone previously. The burden falls on you and your attorneys to prove that the dog’s owner did in fact know that the dog was a danger or that the dog would likely bite someone.
A dog’s owner can quickly claim that they did not know the dog would ever bite and this can place your case in a questionable state, especially if you are unable to prove otherwise. With the help of an experienced Raymondville, Texas personal injury attorney, you can prove your case.
Things the Court Takes into Consideration
Since the one-bite rule is almost a free pass and some owners do know about their dog’s aggression, the court system looks at other things as well to establish fault. Some of the things taken into account will include:
- Dog’s behavior towards people
- Any other bites to animals or peoples
- Dog’s demeanor when strangers are around
- Fighting with other dogs or animals
- Dog’s breed and type
You and your attorney can obtain this information from the owner or even from animal control and observations of the dog.
Hire an Attorney Now
If you have been bitten by a dog and you want to recover compensation, hire local Texas personal injury attorneys to help you in your case. Once you go to court, you and your lawyers will be able to prove the case.