Hitchcock Dog Bite Lawyer

Nearly 43 percent of Texans are dog owners, and state law requires them to handle the dog responsibly. If someone’s dog bites you, you could be compensated by proving the owner was negligent or strictly liable.

These legal concepts are best handled by a competent personal injury attorney who understands how to negotiate with insurance companies and present a solid case to a jury.

Your medical bills can be significant, and the emotional scars of an attack can mar you for a lifetime. Talk to a Hitchcock dog bite lawyer today to determine the right legal avenue for you.

Negligent Pet Owners

When dog owners fail to contain their pets in public, they are not behaving as reasonable and responsible people would, thus breaching the civil duty to keep others safe when in the animal’s presence.

If a dog bites and injures a person, a skilled attorney could use the facts to prove negligence. This cause of action comes from Dunnings v. Castro, 881 S.W.2d 559 (Tex. App. 1994), a case where a dog bit and injured a mailman.

Strict Liability in Dog Bite Cases

Strict liability does not demand that the injured plaintiff prove the dog owner was negligent or reckless. It follows the one-bite rule, which states that the canine has bitten before, and the owner should have expected them to do it again.

The Texas Health and Safety Code § 822.041 categorizes dogs as dangerous by their history of attacks. Some attacks are not actionable, including situations where the injured person provoked the dog or it bit someone to protect its owner. No matter the case, a Hitchcock canine bite attorney could review a situation and guide their client’s next move.

Do Dog Owners Have Any Defenses?

Dog owners often accuse the injured party of teasing or taunting a dog, even if the person innocently approaches an unknown canine that bites them. Additionally, the owner might accuse the individual of trespassing.

Texas Civil Practice and Remedies Code § 33.01-03 explains the state’s stance on restricting monetary awards to the percentage of the dog owner’s fault and disallowing the portion attributed to the injured plaintiff. This modified comparative negligence rule denies recovery to a plaintiff who is more than 50 percent responsible for their accident.

Claiming the Dog is a Non-Biter

A defendant could deny that the dog has bitten someone and, therefore, not dangerous under Texas law, which takes strict liability off the table. If a judge agrees, the plaintiff must prove every element of negligence, including duty, breach, causation, and damages.

Accusing the Plaintiff of Trespassing

Owners who accuse injured plaintiffs of trespassing when a dog bites them rely on state law. This law states that landowners cannot purposely harm a trespasser, although there are duties to protect child trespassers. An argument could be made that the dog attacked the trespasser to protect their owner.

The law surrounding these injuries can be complicated, but a dog bite lawyer in Hitchcock understands these cases and could apply suitable measures when seeking compensation for their client.

Call a Hardworking Dog Bite Attorney in Hitchcock Today

The pressure a dog can exert with its jaws can lead to catastrophic and even deadly injuries. In addition, animal bites often get infected, heal slowly due to jagged tears in the skin, and may cause you to rack up medical bills and lose wages while you are recovering.

These attacks would not happen if owners acted responsibly. However, when their negligence causes physical and emotional suffering and financial losses, they should pay for those damages.

Our Hitchcock dog bite lawyers know you have one chance for a suitable insurance settlement or award. Enlist our professional help today to make the most of that opportunity.