Houston Dog Bite Injury Attorney

While the term “dangerous dog” might seem self-evident, it’s actually a legal term established under Texas law. The Texas Health and Safety Code defines a dangerous dog as an animal that makes unprovoked attacks on a person, causing bodily injury. A dangerous dog can also include an animal that commits an unprovoked act that leads a reasonable person to believe that the dog will attack and harm them. These attacks must occur in a place other than an enclosure that prevents the dog from escaping.

A dog owner is negligent if they fail to exercise reasonable care to prevent their animal from hurting others. These owners might know that their dog is a threat but fail to take the necessary steps to prevent that dog from harming others. For example, they might not keep their dog properly confined or on a close leash in public.

Dog owners can potentially face criminal charges in addition to civil liability if they are negligent pet owners. The Texas Health and Safety Code outlines how an owner may face felony criminal negligence charges if their unsecured dog attacks someone unprovoked at a location away from their property, causing bodily harm or death. An owner can also face charges if they know the animal is a “dangerous dog” and it attacked someone unprovoked.

Texas subscribes to the “one-bite” rule to allow injured individuals to pursue personal injury claims against careless dog owners. The one-bite rule means that an owner is strictly liable for their dog if they know it has attacked before or if they should reasonably suspect that the animal is dangerous.

The term comes from the idea that, after the dog’s first bite, its owner should understand that their pet tends to bite or act aggressively – which could put others at risk. However, the one-bite rule is a bit of a misnomer. For one, it doesn’t apply exclusively to bites. For example, if a large dog tends to jump on people, its owner might be liable under the rule if the dog knocks someone over and injures them. The one-bite rule also does not mean the first bite is “free.” A dog’s owner might still be liable for the dog’s first bite if they negligently failed to use reasonable caution when controlling their animal.

Under the Texas one-bite rule, you must prove that the dog owner knew the animal was aggressive or had previously attacked another person to recover compensation through a personal injury lawsuit. That alone should make the owner liable for their dog’s dangerous behavior.

If the dog has not bitten someone previously, there is a different burden of proof you must meet. In that case, you would need to show that the dog’s owner failed to use reasonable care to control the dog or prevent the bite. In both cases, you must show the court that you suffered financial losses due to the attack, such as medical bills or lost wages.

It takes compelling evidence to prove your case in civil court, which could be difficult to gather in the aftermath of an attack. A resourceful Houston dog bite lawyer can secure the necessary documentation to build a solid legal case against a careless dog owner.

Dog bites can cause devastating physical and mental injuries like broken bones, scarring, disfigurement, and post-traumatic stress disorder (PTSD). These injuries and the quality-of-life changes they cause can impact an injured individual for months and potentially for the rest of their life. Pursuing compensation through a personal injury lawsuit is one option injured individuals have for seeking the money they need to move forward.

If the dog’s owner is liable for your injuries, they might owe you money for your:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Disability
• Disfigurement
• Emotional distress
• Pain and suffering

The value of a dog bite claim can vary depending on the case’s unique circumstances and the severity of a person’s injuries. An experienced Houston dog bite attorney can accurately assess how much you could be owed and effectively pursue this money on your behalf.

Dog bite cases fall under the category of personal injury law. In Texas, the statute of limitations on such cases gives an injured person two years from the date of the dog bite to seek compensation for their losses in court. Failing to file a case before the two-year deadline can result in its dismissal. If this happens to you, you may lose leverage and the ability to seek maximum compensation for your injuries.

Many people with valid claims put off talking to a lawyer, either because they are afraid of the consequences for the animal or because they are concerned about the cost of hiring an experienced Houston dog bite attorney. At Fleming Law, our compassionate and skilled dog bite lawyers want to make recovering the money you deserve as stress-free as possible.

We do not charge any upfront fees for our services. Instead, we only charge a previously agreed-upon fee if and when we successfully recover compensation for you. That way, there is no financial barrier to pursuing the compensation you deserve.

It’s also important to know that most renters’ and homeowners’ insurance policies cover dog bite-related claims for which their policyholders are liable. That means any compensation we recover will likely be paid out by the dog owner’s insurer, not by them directly. This dynamic helps dispel some of the awkwardness claimants might feel when they pursue a claim against a friend or family member.