Dog Bites Lawyers in Pearland Helping Clients Hurt by a Dog Hold Negligent Owners Responsible
Americans love dogs, and in Texas, it is no different. There are approximately 7.8 million pet dogs in the Lone Star state. Unfortunately, Texas also leads the charts when it comes to the number of dog bite claims every year, with countless injuries and as many as 34 fatal dog attacks in a span of eight years. If you have been hurt by a vicious dog, it is essential to know what to do and what your rights may be as a dog bite victim in Texas.
What Should You Do Immediately After a Dog Bite Incident?
Dog bites fall into the personal injury category, and because of that, it is up to the plaintiff to prove that the dog owner was liable for the damages resulting from the dog attack. With that in mind, it is best to begin collecting evidence right away. Dog attacks happen very quickly, so you will want to write down everything that you remember before your memory fades and important details are forgotten.
If possible, take pictures and videos of the site of the attack – be sure to take a picture of the dog as well as your injuries and the area where you were attacked. If you notice anything relevant, such as the dog was without a leash or the fence that was meant to contain the dog was broken, be sure to also document these items. Write down the dog owner’s contact information as well as the contact information of any witnesses to the attack. Then, reach out to a dog bite lawyer as soon as possible.
What Is the Texas “One Bite” Rule?
Unlike other states, Texas does not have a strict liability statute for dog bites. Instead, the state has what many call a “one-bite rule,” meaning the dog owner may or may not be held responsible if their dog bites someone for the first time but would likely be held liable for any subsequent dog bites on the grounds of negligence, as it is understood the dog owner knew the dog was aggressive after it bites someone for the first time, and acted negligently by failing to prevent another bite.
Dogs can also injure someone without ever biting, and a dog owner could still be held responsible for injuries and damages caused by their dog’s behavior. For example, if a large dog knocked someone over and the person ended up being hurt due to falling, the injured party could have a claim against the dog’s owner.
How Do You Prove Liability in a Texas Dog Bite Case?
A dog bite case is based on negligence, and because it is a type of civil case, it is the plaintiff’s job to present enough evidence to support their case. In legal terms, it is said that the burden of evidence falls on the plaintiff. In an average dog bite claim in Texas, the plaintiff needs to prove a few different aspects in order to show that the dog’s owner was negligent.
First, the plaintiff needs to prove the dog owner knew the dog had previously been aggressive and attacked someone. Second, the dog owner had the duty of care to control the animal and prevent further attacks. Last, the dog owner breached their duty of care and failed to restrain the dog, resulting in injuries and damages to someone else.
How Can a Dog Bite Lawyer Help?
When you were hurt in a dog attack, you may be dealing with physical pain as well as emotional distress due to such a traumatic event. It may not be easy to know what to do next or how to hold the dog’s owner responsible for your injuries. At the Kahn Law Firm, P.C., our skilled dog bite lawyers can help you understand your rights as a victim and help you fight for compensation. Reach out to our office in Pearville, Texas, at 713-999-6549 to discuss your case and see how we can help you.