If you own a dog in the state of Texas, you have a substantial responsibility under state law to keep your dog under control and ensure it does not attack or otherwise injure any other person or domesticated animal. Anyone who fails to prevent this kind of incident from happening may be civilly liable for ensuing losses under the legal theory of negligence, or even strictly liable for damages under certain circumstances.
Either way, you likely have grounds to take legal action against anyone whose dog has injured you through unreasonably aggressive behavior, but you may have trouble getting the best possible case result without a knowledgeable personal injury attorney. With a Cypress dog bite lawyer on your side, you can build the strongest possible civil claim and navigate around legal obstacles on your way towards obtaining the compensation you need.
Court precedent in Texas holds that dog owners with prior knowledge of their dog’s aggressive and dangerous behavior are strictly liable for all medical expenses and other losses their dog causes from biting a person. This is sometimes referred to as the “one-bite rule” since it most often goes into effect after a dog bites and injures someone for the first time. It can also apply in situations where a dog has previously charged or snapped at someone, or otherwise acted extremely aggressively in a way which could likely lead to injury in the future.
If a dog has never bitten or acted aggressively towards anyone else before, that dog’s owner can still be held liable for injuries stemming from that dog biting or attacking someone else. However, as a Cypress dog bite attorney can explain in more detail, this kind of claim would need to be built around the legal theory of negligence. In other words, it must prove that a specific reckless or careless act by the dog’s owner was the main and direct cause of the bite incident.
In both strict liability and traditional negligence dog bite cases, it may be necessary for the bite victim to establish that they themselves were not to blame for causing their own incident and/or unnecessarily worsening their own injuries. Otherwise, a court may assign them a percentage of comparative fault for their damages and then reduce their final damage award by that same percentage. If that percentage is over 50 percent, it could throw their case out completely.
The two most common ways in which dog bite victims end up contributing to causing their own injuries is by either trespassing on the dog owner’s property or by provoking the dog into attacking them—for instance, by shouting or throwing objects at it. A dog attack lawyer in Cypress can provide vital help with contesting these allegations and maximizing the money available to a particular plaintiff.
Being attacked by someone else’s dog can be a uniquely traumatic experience. If you have suffered severe physical harm from an incident like this, it is important for you to understand and enforce your right to seek civil recovery from the owner of the dog.
Support from a Cypress dog bite lawyer can make a massive difference in how you are able to receive the financial help you need. Call today to schedule a free consultation.
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