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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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