Dog Bites

What Should I Do After a Dog Bite Injury?

• Strict Liability: In some states, including Texas, there is a "strict liability" standard for dog bites. This means that a dog owner is held responsible for any injuries caused by their dog, regardless of whether the owner knew the dog was dangerous or had a history of aggression. Under Texas law, a dog owner may be held liable if their dog injures someone who is legally allowed to be on the property where the bite occurred (whether it's public property or private property they were invited to).
• One Bite Rule: Texas also follows the "one bite rule," which means that a dog owner may be held liable if they knew or should have known that their dog had dangerous propensities or had bitten someone before. If the owner was aware of the dog's aggressive behavior or tendencies and failed to take reasonable steps to prevent future incidents, they may be held liable for any subsequent bites.
• Negligence: Even if the dog has not previously bitten anyone and the owner was not aware of any aggressive tendencies, liability may still be established if the owner was negligent in controlling the dog or preventing the bite. For example, if the owner allowed the dog to roam freely in an area where it posed a risk to others or failed to properly restrain the dog in public, they may be found negligent.
• Trespassing Defense: In Texas, if the person who was bitten was trespassing or unlawfully on the owner's property at the time of the incident, the owner may have a defense against liability. However, this defense may not apply if the victim was legally on public property or was lawfully on the owner's property.

Determining liability in a dog bite case can be complex and may require a thorough investigation of the facts and circumstances surrounding the incident. Consulting with a personal injury attorney experienced in handling dog bite cases can provide valuable guidance and assistance in pursuing a claim for compensation.

What is the Value of My Dog Bite Claim?

The value of a dog bite claim depends on several factors, including:

1. Severity of Injuries: Claims involving severe injuries like deep wounds, nerve damage, or disfigurement generally receive higher compensation.

2. Medical Expenses: This includes current and future medical costs such as emergency care, surgery, medication, and rehabilitation.

3. Lost Wages: Compensation for income lost due to missed work and any reduction in future earning capacity.

4. Pain and Suffering: The emotional distress, physical pain, and impact on your quality of life are considered when calculating compensation.

5. Scarring and Disfigurement: If the bite results in visible scarring or permanent disfigurement, additional compensation may be awarded.

6. Property Damage: In some cases, damage to personal belongings during the incident (e.g., torn clothing) can be included.

7. Insurance Policy Limits: The dog owner’s insurance coverage may influence the maximum amount you can recover.

Each case is unique, so consulting with an experienced attorney is key to determining the full value of your claim.

What Are the Types of Compensation in a Dog Bite Case?

Victims of dog bites may be entitled to various forms of compensation to cover their injuries and related damages. The specific types of compensation available depend on the severity of the injuries, the circumstances of the incident, and the laws in the jurisdiction where the bite occurred. Below are some common types of compensation in a dog bite case:

• Medical Expenses: Compensation may include all medical costs related to the dog bite, such as emergency room visits, surgery, medication, doctor appointments, rehabilitation, and therapy. Ongoing care or future medical needs may also be covered.
• Lost Wages: If the dog bite causes the victim to miss work, they may be entitled to compensation for lost income. This can include lost wages during the recovery period and, in severe cases, compensation for a reduced future earning capacity due to long-term or permanent injuries.
• Pain and Suffering: Victims may be compensated for the physical pain, emotional trauma, and mental anguish caused by the dog bite. The value of pain and suffering compensation often depends on the severity of the injuries and their long-term impact on the victim's life.
• Scarring and Disfigurement: Dog bites can result in significant scarring and disfigurement, especially when the injuries are on visible areas like the face. Victims may receive compensation for these permanent effects, which could also include the cost of cosmetic surgery.
• Property Damage: In some cases, dog bites can lead to damage to personal property, such as torn clothing or broken items, which can be included in the compensation claim.
• Wrongful Death Damages: If a dog bite leads to a fatality, the victim's family may be entitled to compensation for funeral expenses, loss of financial support, and loss of companionship.
• Punitive Damages: If the dog owner acted recklessly, such as knowing the dog was dangerous and failing to take precautions, punitive damages may be awarded to punish the owner and deter similar behavior in the future.

What Are The Dog Owner’s Responsibilities In A Dog Bite Case In Texas?

Lots of states have rules about what dog owners need to do to take care of their dogs. These rules can be different depending on where you live. Some places might say that owners have to put leashes or muzzles on their dogs when they're outside in public.

In other areas, owners might need to make sure their property is fenced off if they have a dog, or they might have to put up signs warning people about the dog. If your state has these kinds of rules, the owner could be responsible if their dog bites someone.

It's important to check the laws in your state and local area to know exactly what dog owners are supposed to do.