legal 6/17/22 – dog bite – gtg

With an estimated 4.7 million dog bites occurring in the United States each year, nearly 800,000 of which require medical care, approximately two-thirds of bites occur on or near the victim’s property and most victims know the dog and the insurance industry paying out more than $1 billion in dog bite claims each year. Texas is among the majority of states that have legislation on the books that specifically pertain to dog bites. The Dog Bite Law might stipulate how a dog bite victim might recover damages, but it does not address those critical steps a victim should take immediately after being bitten. Considering these staggering statistics, please take the following information seriously in order to avoid your child being one of 82% of children under 15 years old being rushed to the emergency room from a dog bite. If you or anyone you know has been the victim of a dog bite, please contact our Law Firm for a free consultation. Unless they recover a settlement or judgment, you will not have to pay any fees. So, make that call today!

If Bitten by a Dog
The first thing you should do if you are bitten by a dog is to seek medical attention immediately. If you are not treated, a bite can cause serious injury, infection, and even death if the animal was diseased. With 50% of dog bite victims being children under 12 years of age, it is crucial that you educate your child on how to behave even with dogs they know well.

Educate your children.
Studies have found that the number-one dog-bite prevention measure is education. Children who understand how to act around dogs, how to play with dogs, when to leave dogs alone and how to properly meet a dog are much less likely to be bitten. To address this need, the American Humane Society has created American Humane KIDS: Kids Interacting with Dogs Safely, a dog-bite prevention program specifically for children ages 4 to 7.

Supervise your children.
Unsupervised children may innocently wander too close to a dangerous situation. Eighty-eight percent of fatal dog attacks among 2-year-olds occurred when the child was left unsupervised. Supervision of children, especially around dogs, is one way to help ensure they are safe.

Safe Rules of Behavior for Kids
Never Treat A Dog Unkindly. At the core, this means to treat all animals with the respect you would treat another living being. Never hit, kick, slap, or bite a dog or pull on his ears, tail, or paws. Don’t bother a dog when she is busy. Never bother dogs with puppies or dogs that are playing with or guarding toys, eating, or sleeping. Always leave service dogs alone while they are working. Don’t approach a dog you don’t know. Call the police if you see a dog that is tied up, being treated abusively, or left in a hot car. Do not approach the dog on your own. If you want to meet a dog, first ask the owner for permission. If the owner agrees, hold out your hand in a fist for the dog to sniff. If the dog is interested, you can give him a little scratch under the chin (not over the head) and say hello. If a loose dog approaches you, stand still like a tree. Keep your hands at your sides, and stay quiet and calm. Look away from the dog. If you are on the ground, curl up into a ball, like a rock. Keep your knees to your chest and your hands over your ears. Stay quiet and calm. Look down at your knees, not at the dog. Always make slow movements, set things down carefully, and dont run when youre around dogs, as this gets them excited and they may accidently hurt you.

Get Help

If an animal has bitten you or a loved one, you may be entitled to recover damages for any injuries that resulted. Determining your legal rights can be complicated. It may be unclear against whom to bring a claim and to what sort of damages you are entitled. To ensure that you receive just compensation, you should consider contacting an attorney with experience handling dog bite cases. Please contact the experienced Dog Bite Lawyers at our Law Firm for a free consultation. Unless they recover a settlement or judgment, you will not have to pay.

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According to the U.S. Humane Society, dogs are the most common household pet in America, with 39% of households owning one or more dogs. While most of these dogs are well-trained and loving members of the family, there are others that are either trained to be aggressive or prone to harming a person if they become agitated or feel threatened. While any dog can become aggressive and bite someone, there are certain breeds that are statistically more likely to cause someone harm. These include the following: Pit bulls, Rottweilers, German Shepherds, Chow Chows, Huskies, and Akitas.

With an estimated 4.7 million dog bites occurring in the U. S. each year, nearly 800,000 of which require medical care, Texas is among the majority of American states that makes a dog owner legally liable for all of the damages inflicted upon a dog bite victim. Under Texas Dog Bite Law, dog owners are liable for damages suffered by the person bitten whether they were regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness. If you or anyone you know has been the victim of a dog bite, please contact our Law Firm for a free consultation. Unless we recover a settlement or judgment, you will not have to pay any fees. So, make that call today!

Exclusions to the Texas Dog Bite Law
There are generally two types of dog bite claims in which the defendant may appear liable without having to pay the victim at all, or without the responsibility of paying all of the victim’s losses. The first involves a victim who was trespassing. The dog bite statute permits a defense based upon trespass, but only if the trespasser had criminal intent. The second type involves Contributory Negligence or Assumption of the Risk, which means that the dog owner has adequately warned his/her neighbors of their dog’s aggressive behavior and have taken adequate measures to keep the dog away from the general public. For instance, if the owner has displayed a Beware of Dog sign in a reasonably viewable place, a person who ignored the owner’s warnings and was injured by the dog might not successfully sue the owner.

Filing a Claim under the Texas Dog Bite Law
To recover, a plaintiff must prove only that the defendant owned the dog, that the dog bit the plaintiff, and that the plaintiff was in a public place or lawfully on the owner’s property. Depending on the seriousness of the injury resulting from the bite, you may be entitled to recover for medical expenses, lost wages, pain and suffering, and property damage. In some instances, you may also be entitled to punitive damages, which are awarded to punish someone for his or her behavior. To justify an award of punitive damages, the wrongdoers conduct usually must be more than negligent, such as reckless or intentional conduct. For example, if a dog owner knew his/her dog was very dangerous, a jury could conclude that punitive damages were appropriate. Don’t wait to get help. Please contact our Law Firm for a free consultation.

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The youngest victims of Texas dog bite injuries are the ones who tend to suffer the most serious injuries as a result. According to a study conducted by the Centers for Disease Control, almost 65% of dog bite injuries inflicted upon children aged four and younger were to their heads and necks. These types of injuries can be severe, including skull fractures, tissue damage, disfigurement to the face, permanent scarring, eye damage, broken jawbones, and other broken bones. The severity of these injuries also can result in infection, puncture wounds, and blood loss. This is significant, in that an estimated 50 to 80% of injuries nationwide involve children and teenagers. Treatment of these injuries can go on for a lengthy period of time and may involve hospitalization, follow-up treatment, and plastic surgery. As a result, child dog bite victims may wish to seek compensation from the dog owners responsible for the injuries that occurred.

Holding Texas Owners Liable for Child Dog Bite Injuries
Most children who are injured by dog bites are familiar with the dogs that bite them. This means that most of these dogs belong to family members, friends, or neighbors. For these reasons, children’s parents may be reluctant to initiate a personal injury claim against someone whom they know and to whom they are perhaps related. This creates a very awkward situation, even if the child’s injuries are very severe. Fortunately, most homeowners insurance policies cover injuries caused by dog bites, so dog owners themselves are not liable for the compensation that may be awarded to child dog bite injury victims. These victims simply may file a claim for compensation with the appropriate insurance company; since Texas law holds dog owners strictly liable for injuries caused by dog bites in most circumstances, the injury victim is likely to be able to recover damages related to his or her losses.

Damages for Texas Child Dog Bite Injuries
Compensation obtained in child dog bites injury cases may be used for a variety of purposes. These damages are designed to cover expenses such as: Medical expenses
Pain and suffering
Permanent disfigurement and scarring
Counseling for mental distress

The amount and types of expenses covered by compensation awarded in a child dog bite case will vary according to the circumstances of each case. For more severe injuries, there are more medical expenses involved, and there may be greater compensation awarded. Likewise, with more minor injuries, there may be fewer medical expenses, and thus a smaller amount of compensation.

Consult With a Texas Child Dog Bite Attorney
Child dog bite cases can be complex, both due to the relationship between victim and dog owner, the emotional trauma of having an injured child, and the financial stress of medical expenses. When you are in this situation, you will need the advice of an experienced child dog bite lawyer for guidance. Contact our office today, and let us advice you on the next steps to take.

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Landlord liability case law in dog bite cases differ from state to state. Currently, there are no statutes in the United States that automatically make landlords liable for dog bites; however, there have been several big cases based on common law principles where Landlords have been held liable for a renters dog biting a person on the property owned by the landlord. In 1997, the landmark case Shanita M. Matthews et al. v. Ambetwood Associates Limited Partnership, Inc. et al. opened a Pandora’s Box for Landlord Liability suites. In this case, the court found that the landlord was liable by considering the following issue: Does a Landlord of an apartment complex owe a duty to social guests of a tenant, who while in the tenants apartment, are injured or killed by a highly dangerous Pit Bull kept by the tenant?

Ultimately, the case set precedent for landlords to be liable by asking the following: When the landlord knew of the dogs presence when the existence of this breed was in direct violation of the Lease; Was the Landlord aware of the danger the dog posed to other tenants; Where the Landlord could have taken steps to abate the danger. The victim will consider making a claim against the renters landlord when a renters dog bites a person and the renter does not have renters insurance (or that insurance is insufficient). The claim must be based on common law principles because there are no statutes in the USA making landlords automatically liable for dog bites. If you are a victim of a dog bite while on a rental property, there is help available. Please contact the experienced, knowledgeable Dog Bite Lawyers at our Law Firm for a free consultation.

What is an Owner for purposes of the Dog Bite Statute?
Courts have developed case law to define who is an owner. A recent case discussed the issue of whether landlords may be considered owners for purposes of the Dog-Bite statute. In one case, a pit bull attacked two children after escaping from a nearby property. In this case, the dog was owned by a tenant of the property. The landlords were not connected to the incident other than the fact that they owned the property. The court ruled that landlords are non-owners for purposes of the Dog-Bite statute and, therefore, did not apply to the landlords. These recent cases discuss the following issues: Whether a landlord can be considered an owner, Whether one is lawfully upon private property, the sufficiency of damages in a dog bite case, and Whether a dog owner is liable to an independent contractor (such as a licensed dog daycare facility or professional dog walker) who agrees to care for a dog.

Contact an Attorney in Your Area
Most states have not yet imposed liability on the landlord of rental property, but have awarded damages when a suit was brought against homeowners. In one case, the parents of a fourteen-year-old boy who was bitten while visiting the home of the dog’s owner. The dog’s owner acknowledged liability for the attack. The sole issue on appeal was the measure of damages of $5,000 awarded by the trial court. The plaintiff appealed, arguing that the damages awarded by the jury were manifestly inadequate and disproportionate to his injuries. The appellate court ruled that a jury’s award must be sufficient and proportionate to the injury sustained. Following this logic, an additional $20,000 was awarded, for a total award of $25,000. So, the door has been opened for landlord liability cases. If you or a loved one has been a victim of a dog bite, please contact the Dog Bite Lawyers at our Law Firm for a free consultation.

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According to the U. S. Humane Society, dogs are the most common household pet in America, with 39% of households owning one or more dogs. While most of these dogs are well-trained and loving members of the family, there are others that are either trained to be aggressive or prone to harming a person if they become agitated or feel threatened. While any dog can become aggressive and bite someone, there are certain breeds that are statistically more likely to cause someone harm. These include the following: Pit bulls, Rottweilers, German Shepherds, Chow Chows, Huskies, and Akitas. With an estimated 4.7 million dog bites occurring in the U. S. each year, nearly 800,000 of which require medical care, Texas is among the majority of American states that makes a dog owner legally liable for all of the damages inflicted upon a dog bite victim. Under the Dog Bite Law, dog owners are liable for damages suffered by the person bitten whether they were regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness. However, a cause of action for an owner’s negligence can also be based upon common law strict liability (knowledge of a dog’s dangerousness or viciousness) based on case law that set precedence for negligence.

If a loved one has been the victim of a fatal dog attack, please contact our expert team of fatal dog attack attorneys. They have the knowledge and experience to uncover the facts of your case and pursue legal action against the negligent owner of a dog that attacks and fatally injures a human. For a free consultation, please contact our Law Firm. You and your family have suffered enough. So, make that call today!

Statistics on Fatal Dog Attacks
According to the American Vetinerary Medicine Association, dog attacks resulted in more than 300 human dog bite-related fatalities (DBRF) in the United States. Most victims were children. Studies indicate that pit bull-type dogs were involved in approximately a third of human DBRF reported during a 12-year period, and Rottweilers were responsible for about half of human DBRF reported during a 4-year period. This data have caused some individuals to infer that certain breeds of dogs are more likely to bite than others and should, therefore, be banned or regulated more stringently. The purposes of the study reported here were to summarize breeds associated with reported human DBRF during a 20-year period and assess policy implications. At least 25 different breeds of dogs have been involved in the 238 dog-bite-related fatalities in the U. S. Approximately 24% of human deaths involved unrestrained dogs off of their owner’s property. Approximately 58% of human deaths involved unrestrained dogs on their owner’s property.

Breed-specific legislation (BSL) In response to these statistics, many communities have enacted breed-specific legislation (BSL) that prohibits ownership of certain breeds, such as pit bulls, Rottweilers, and others. Any breed of dog can bite and research suggests BSL does little to protect the community from dog-bite incidents. In fact, BSL can often have unintended consequences such as black-market interest and indiscriminate breeding practices resulting in subsequent breed overpopulation that leads to increases in the number of homeless, stray, and euthanized dogs. Enforcement of BSL has been shown to be very costly and extremely difficult to enforce. One county spent more than $560,000 maintaining pit bulls (not including payroll, cross-agency costs, and utilities), while fees generated only $35,000.50. Responsible breeding and ownership along with public education and enforcement of existing laws are much more effective ways of reducing dog bites.

Fatal Dog Case Law in Texas
The worst type of dog fatality is arguably when a family’s own pet fatally attacks one of their own children. The family did all they could to pull the dog off their 7-year-old son. When the police came they were able to pull the dog off the child, but the dog turned on the officers. The officers in turn shot and killed the dog. Unfortunately, it was too late to save the child. This life-altering event sent shockwaves into the community and was a contributing factor in enacting Breed-Specific Legislation. In a 17-year period, dog attacks resulted in more than 300 human dog bite-related fatalities (DBRF) in the United States. Most victims were children. Studies indicate that pit bull-type dogs were involved in approximately a third of human DBRF reported during a 12-year period and Rottweilers were responsible for about half of human DBRF reported during a 4 year period. This data have caused some individuals to infer that certain breeds of dogs are more likely to bite than others and should, therefore, be banned or regulated more stringently. These statistics and the increase in the prevalence of stories of Pitt Bull mauling children led some cities to enact Dangerous dog ordinances. This ordinance declares Pit Bulls inherently dangerous. Such legislation makes it easier to recover damages from complaints involving Pit Bulls. Some think that such Breed-Specific Legislation (BSL) (these ordinances also include Rottweilers) is very costly and extremely difficult to enforce. However, BSL is becoming increasingly prevalent in municipalities.

To recover, a plaintiff must prove only that the defendant owned the dog, that the dog bit the plaintiff, and that the plaintiff was in a public place or lawfully on the owner’s property. Given that the injury resulted in a fatality, you may be entitled to recover for:
Medical expenses
Lost wages
Pain and suffering
Property damage

In some instances, you may also be entitled to punitive damages, which are awarded to punish someone for his or her behavior. To justify an award of punitive damages, the wrongdoers conduct usually must be more than negligent, such as reckless or intentional conduct. However, if the dog involved is a Pit Bull or Rottweiler, then these ordinances make justifications of punitive damages much easier to prove. Dont wait until another child is mauled to get help. Please contact the Dog Bite Lawyers at our Law Firm for a free consultation.

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Approximately 75 million dogs are owned by residents of the United States. While most of these dogs are friendly family pets, some of these dogs bite and attack family members or other people in Texas and other states nationwide, causing an estimated billion dollars each year in damages. The injuries caused by dog bites can be quite severe, including lacerations, tissue damage, and permanent scarring and disfigurement. In extreme cases, dog attacks can even lead to death. For these reasons, when injuries result from a dog bite in the state of Texas, the dog owner can be held responsible for the costs of those injuries under law. With the help of an experienced dog bite attorney, a dog bite injury victim may be able to obtain compensation for his or her losses.

Texas Law and Dog Bite Cases
Under Texas law, the principle of strict liability governs dog bite cases. This means that a dog bite victim may be able to recover compensation from the dog owner even if there is no evidence that the dog had ever bitten anyone before, acted viciously in any way in the past, or that the owner was negligent in any way with regard to handling the dog. No matter what the circumstances may be, the dog owner is responsible for any injuries that his or her dog inflicts on another person by attacking or biting him or her. So long as the bite victim is in a public place or in a private place with permission to be in that place at the time that the incident occurs, Texas law permits the injury victim to seek damages from the dog owner.

Seeking Compensation in Texas Dog Bite Cases
An experienced and qualified dog bite lawyer will be instrumental in assisting you in filing a claim against the insurance company of the dogs owner. Your attorney will help investigate the circumstances surrounding the incident that led to your dog bite, place a monetary value on your claim, and file a formal claim with the appropriate insurance company. Depending on the injuries that you sustained, you may be entitled to the following types of damages in a Texas dog bite case:
Medical expenses
Lost wages or income
Pain and suffering
Scars and permanent disfigurement

When you have sustained serious injuries from a dog bite, you should hold the dog owner responsible, as Texas law permits you to do. In this manner, you will send a message to other dog owners, as well as obtain the compensation that you need and deserve. When you or a family member have been harmed in a dog bite attack, you deserve compensation for your losses. With the help of your dog bite attorney, you can seek compensation from the owner of the dog that caused your injuries. Contact our office today, and let us begin the process of representing you in your claim for damages.

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With an estimated 4.7 million dog bites occurring in the U.S. each year, nearly 800,000 of which require medical care, Texas is among the majority of American states that makes a dog owner legally liable for all of the damages inflicted upon a dog bite victim. Under the Texas Dog Bite Law, dog owners are liable for damages suffered by the person bitten whether they were aware of the former viciousness of such dog or the owner’s knowledge of such viciousness. However, a cause of action for an owner’s negligence can also be based upon common law strict liability (knowledge of a dog’s dangerousness or viciousness) based on case law that set precedence for negligence. If you or anyone you know has been the victim of a dog bite, please contact the Dog Bite Lawyers at our Law Firm for a free consultation. Unless they recover a settlement or judgment, you will not have to pay any fees. So, make that call today!

Possible Owner Defenses-Technicalities
There are generally two types of dog bite claims in which the defendant may appear liable without having to pay the victim at all, or without the responsibility of paying all of the victim’s losses. The first involves a victim who was trespassing. The dog bite statute permits a defense based upon trespass, but only if the trespasser had criminal intent. To avoid the trespass defense, it’s helpful to know how the statute defines lawfully being on the owner’s private property. A person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.

The second type involves Contributory Negligence or Assumption of the Risk, which means that the dog owner has adequately warned his/her neighbors of their dog’s aggressive behavior and have taken adequate measures to keep the dog away from the general public. For instance, if the owner has displayed a Beware of Dog sign in a reasonably acceptable place on their property, such as on a fence where the dog is kept separated from the public, a person who ignored the owner’s warnings and was injured by the dog might not successfully sue the owner.

Successfully Suing the Dog Owner
To recover, a plaintiff must prove only that the defendant owned the dog, that the dog bit the plaintiff, and that the plaintiff was in a public place or lawfully on the owner’s property. The statute does not apply if the victim was trespassing without criminal intent, the injury was not caused by a bite, or the target defendant was not the dog’s owner. Depending on the seriousness of the injury resulting from the bite, you may be entitled to recover for:
Medical expenses
Lost wages
Pain and suffering
Property damage.
In some instances, you may also be entitled to punitive damages, which are awarded to punish someone for his or her behavior. To justify an award of punitive damages, the wrongdoers conduct usually must be more than negligent, such as reckless or intentional conduct. For example, if a dog owner knew his/her dog was very dangerous, a jury could conclude that punitive damages were appropriate. Don’t wait to get help. Please contact the Dog Bite Lawyers at our Law Firm for a free consultation.

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While many dogs are long-standing family pets, other dogs have a propensity for vicious behavior, even if only on isolated occasions. As a result, a dog bite or attack can have serious consequences for both a dog owner and a person who becomes the victim of a dog bite or attack. Children and elderly persons are both particularly susceptible to dog bites and often can suffer serious injuries, or even death, as a result. Texas dog owners, on the other hand, are typically liable for the actions of their dogs, with only a few exceptions. This means that Texas dog bite injury victims may file personal injury claims for compensation against dog owners, whose homeowners insurance policies usually cover these situations. Available forms of damages in these types of cases may include medical expenses, rehabilitation expenses, lost wages, and pain and suffering.

Establishing Liability for Dog Bites Under Texas Law
Liability for dog bites or attacks that lead to another’s injuries is fairly straightforward under Texas law. There is no need for a dog bite injury victim in to prove that a dog owner was negligent in any manner or that a dog owner knew that the dog was vicious or had ever bitten someone before prior to the incident that led to the bite. Rather, Texas law holds dog owners to a strict liability standard under most circumstances. This means that as long as the dog bite injury victim was in a public place or on private property with permission to be there at the time that the bite occurred, then the dog owner is liable, or financially responsible, for the injuries that result from the dog bite.

Common Dog Types That Led to Dog Bite Cases
The most common types of dog breeds that are involved in Texas dog bite cases include the following:
Akitas
Pit bulls
German shepherds
Rottweilers
Presa Canarios

Additionally, any type of stray dog or a dog that has been trained as a police dog or K-9 dog may be more prone to be involved in a dog attack or dog bite incident. The reality is that any breed or type of dog can be involved in a dog bite or attack that leads to injuries; even the most friendly family dog can bite if it is sufficiently scared, threatened, or ill. For these reasons, it is never safe to approach unfamiliar animals or to allow your children to approach them, even if the owner allows you to do so. The best practice is to steer clear of unfamiliar dogs in order to completely avoid the possibility of injuries from dog bites.

Let Your Texas Dog Bite Attorney Help
When you or a family member sustains injuries as a result of a dog bite or attack, you may be unsure of what to do next, particularly if the dog owner is a friend, neighbor, or acquaintance. Fortunately, your dog bite lawyer is here to fully assess your case, investigate the facts, and help you file a claim for compensation. With your attorney’s help, you may be able to access the compensation that you need and deserve for your losses.

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It is estimated that between 500,000 and 800,000 people are treated for dog bite injuries nationwide on an annual basis. About half of these incidents involve children, who often suffer the most serious injuries from dog bites. Another large group of dog bite victims is made up of senior citizens. By far, the majority of deaths that occur as a result of dog bites and attacks are children and the elderly. While most dog bite injuries are scrapes and cuts, what seem like minor injuries can become quite severe if they become infected, or if they are inflicted upon a very small child; many dog attacks on small children focus on their heads and necks, which can lead to nerve damage, crushed skulls, eye injuries, and facial trauma.
Due to the severity of injuries from dog bites and attacks, Texas law allows dog owners to be held strictly liable, or financially responsible, for any injuries that result from attacks or bites by their dogs.

Liability for Dog Bites Under Texas Law
In the state of Texas, it is not necessary to prove that a dog owner was negligent in any way in order to hold him or her liable for injuries caused by his or her dog. Rather, the dog owner is strictly liable for any injuries caused by the dog, regardless of whether the dog owner knew the dog was dangerous, whether the dog had attacked or bitten before, or whether the dog owner had properly restrained the dog. If the person bitten by the dog was in a public place at the time of the incident, or on private property with permission to be there, then the law provides that the dog owner is responsible for the victim’s dog bite injuries. The only exceptions under Texas law are if the dog bite victim was trespassing on private property at the time of the incident, if the victim did something to provoke the dog to attack, or if the dog was under another person’s control at the time of the attack.

Compensating Victims for Dog Bites in Texas
When people are bitten or attacked by dogs and suffer injuries as a result, they may be entitled to recover compensation from the dog’s owners in many circumstances. A qualified dog bite attorney can investigate the circumstances surrounding your case, evaluate your potential claim, and place a numerical value on your claim. Compensation from the insurance company of the dog owner can help defray the costs of medical expenses, lost wages, pain, and suffering, and permanent scarring and disfigurement related to your dog bite injuries.

Consult an Experienced Dog Bite Attorney
Dog bite cases can be difficult as you struggle to recover from your injuries while trying to pay for unexpected medical expenses and perhaps even deal with a loss of income for an uncertain period of time. Fortunately, our dog bite lawyers are here to help. Contact our office today, and allow us to assist you in your dog bite claim for compensation.

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