The reputation that domesticated dogs have as “man’s best friend” is well-earned, but it does not mean all dogs are friendly to all humans in every situation. If a dog feels like it is being threatened or that someone is intruding on its territory, it may react with surprising ferocity and cause serious injuries before its owner gets it back under control. You or a loved one may have experienced those injuries and are looking for recourse.
While Texas is not quite as generous as some other states regarding the rights it gives dog bite victims to file suit, it is still possible to hold an irresponsible dog owner liable with help from a Missouri City dog bite lawyer. No matter what damages you need to recover for or what obstacles pop up during the legal process, your dedicated personal injury attorney could work tirelessly to get the money to pay for medical expenses and personal losses.
The basic procedures for filing suit over a dog bite injury in Texas change depending on whether the dog had previously injured, attacked, or acted extremely aggressively towards another person or animal. If the dog’s owner reasonably should have known that their pet had the capacity to cause serious injury to someone else, they are considered “strictly liable” for any injuries and losses that dog causes through a subsequent bite. That applies even if the owner acted responsibly in general.
If the dog had never attacked or injured anyone in the past, the owner would only be liable for a bite if they allowed the incident to happen through their own negligence. For example, negligence could occur by not fixing a hole in their yard’s fence despite knowing about it for several weeks, or letting their dog out in public without a leash in violation of local ordinances. A Missouri City lawyer could go into further detail during a private consultation about potential grounds for a lawsuit or settlement demand following a dog attack.
Importantly, dog owners are not strictly liable for bite injuries if the injured person was trespassing on the owner’s property at the time of the attack. They also may not be found completely at fault for a biting incident which happened because the injured person was provoking the dog in some way. In either scenario, a court may assign a percentage of “comparative fault” to the injured person indicating the degree to which they contributed to causing their injuries through their own conduct.
As per Texas Civil Practice & Remedies Code §§ 33.001 through 33.017, anyone who holds more than 50 percent of the total fault for their own injuries cannot recover any civil compensation for damages. Any lesser share of fault may be held against that injured person as a proportional reduction from their final damage award. Making sure this “modified comparative fault” system does not unfairly limit available restitution after a dog bite incident is one of many reasons to call a Missouri City.
Being attacked by a dog can be an extremely traumatic experience even if you manage to avoid suffering serious injury. Unfortunately, many dog attacks that happen in the Lone Star State each year instead end up causing life-altering and even life-threatening physical trauma. There are also various financial and psychological losses that can wreak havoc on every part of your life.
You deserve fair financial restitution for any harm you have suffered because someone else did not keep their pet under control. Call today to discuss legal options with a Missouri City dog bite lawyer – at no cost to you.
SMS Legal
N/a