Hire an Austin Dog Bite Lawyer

The short answer is yes, but only under certain circumstances. There are a variety of ways in which a dog owner can be held liable. Most commonly, these claims are either brought as (1) strict liability claims if the dog was dangerous or as (2) negligence claims if the owner's negligent acts or omissions caused the injuries.

In Texas, in order to sue a dog owner under strict liability, the injured person must show that the owner knew  that the dog had acted aggressively or hurt someone in the past. This is sometimes referred to as the "one bite rule." Dog owners that are not aware of their dog's aggressiveness are usually excused on the first bite. A dog that has bitten someone or has a pattern of acting aggressively could be classified as a dangerous animal. If the dog is known to be aggressive or is known to bite, the injuries it causes are foreseeable and the owner will likely be held strictly liable. Under strict liability, the dog owner's conduct is usually irrelevant.

On the other hand, if the dog is not known to be dangerous or aggressive, an injured dog bite victim can still claim that the dog's owner acted negligently in handling or failing to prevent the dog bite. In a negligence case, the plaintiff has to show that the dog owner failed to take steps to prevent the dog attack or failed to act reasonably. If, for example, the dog is overly playful and has a habit of jumping on strangers, a reasonable owner would have to keep it on a leash or within a fenced yard. If the dog owner's negligent conduct causes injuries to someone else, he or she can be held responsible for the injuries caused by the dog. 

Dog bite cases like all other personal injury law cases are subject to strict filing deadlines. To protect your rights, contact an experienced Austin dog bite lawyer to evaluate your claim. Call Ardalan Law Firm at (512) 931-4911. 

Yes, but Texas law is rather harsh on this topic. No matter how much you love your dog, you cannot recover mental anguish damages in a lawsuit for the injuries or death of a pet. In Strickland v. Melden, the high court affirmed that dogs are merely personal property under Texas law and limited the damages available to a dog owner. The Texas Wrongful Death Statute, which deals with the accidental death of human beings does not apply to pets. 

Injuries caused by veterinary malpractice pose yet more problems. Texas courts have found that a veterinary malpractice case requires expert testimony to establish both the standard of care and causation, making claims against individual veterinarians more difficult. 

However, you may recover the market value of your pet and you may be able to recover veterinary costs, and other costs associated with injuries or losses suffered by animals. There are other avenues for recovery in cases of injuries to pets; particularly if the injuries were caused by a kennel, veterinarian or other service provider. Contact us to learn more. 

Untrained dogs can cause life-changing injuries when not properly handled. Failing to properly leash a dog that is jumpy or otherwise untrained can form the basis of a negligent handling claim. Certain breeds are known to be jumpier or more agitated than others. In most cases, dogs that are jumpy as puppies need to receive special training. An owner that fails to enroll their puppy in training could potentially be liable for their dog's negligence. 

In a dog jumping case, the determining factor is typically what steps, if any, the owner took to remedy the dog's tendency to jump and cause injuries. A dog training expert can often evaluate and testify to the dog's level of training and what additional training or conditioning would have been appropriate. 

Most cities in Texas have leash laws that specify when and where a dog must be kept on a leash. A violation of the local leash law could constitute negligence per se and be actionable in court. For more information on your city's leash law, or for a free consultation, please feel free to contact us.