Dog bites and other injuries caused by dogs are very common in Austin. Many dog owners are not prepared to train their dogs properly and sometimes lose control over their animal. When a dog causes an injury its owners are the responsible parties.
If you or a loved one have suffered severe injuries after being attacked by a dog, you may be legally entitled to compensation. An Austin animal attack lawyer or dog bite lawyer can help you evaluate whether you have a valid dog bite claim. An Austin dog bite lawyer can help you answer common questions such as:
The most important thing to do after a dog bite is to immediately seek emergency medical care. If you or a loved one was the victim of a dog bite in Austin or the surrounding area, contact an Austin dog bite lawyer today for a free damage evaluation.
Contact an Austin dog bite lawyer today (512) 931 4911
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.
Contact an Austin dog bite lawyer today (512) 931-4911
Contact an Austin Dog Bite Lawyer at Ardalan Law Firm to Get Answers to Your Questions
The choice to pursue a lawsuit following a dog bite depends on the situation and circumstances surrounding the bite and the severity of the injuries caused by the dog. The most important consideration should be the severity and extent of the damages caused by the dog. Emergency room visits and other medical care are often very expensive and can cause immense financial strain. Oftentimes, the dog's owner and her insurance company may be reluctant to cover the damages caused by the dog. Filing a legal claim may be the best option to receive compensation. Every situation is unique and you should speak with a qualified Austin dog bite lawyer for a free damages analysis. Call the Ardalan Law Firm today at (512) 931-4911.
You should seek immediate medical care following any dog bite or severe dog attack. In cases involving a bite wound, other open wound, or broken bone it is important to go to the emergency room quickly for rapid treatment. If the dog or the dog's owner was unknown, make sure to ask for the owner's name and contact information. Document as much as possible about the dog including the dog's breed, age, and whether the dog had been aggressive or caused any injuries in the past. Make sure to exchange contact information with the dog's owners and any potential witnesses that may be able to testify as to the attack.
Yes. Large dogs present a significantly higher personal injury risk than small dogs. While legally, all domesticated animals are treated the same, dog breeds are the result of centuries of selective breeding that results in wide variations in genetics and behavior traits. Some of these behavior traits make dog attacks or dog bites more likely. For example, many guard dog breeds were selected to be both physically large and have an aggressive pre-disposition. Insurance companies typically underwrite homeowner's policies differently depending on the dog's breed.
Under Texas Health & Safety Code Sec. 822.041, a dog can be deemed dangerous by animal control in two ways. Either the dog actually attacks someone outside of an enclosed area like a fenced-in backyard or commits "unprovoked acts" that cause a person to believe that they will be attacked by the dog.
"Dangerous dog" means a dog that:
(A) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(B) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
Owners of dangerous dogs must register the animal with the local animal control office and are subject to other requirements. If judicially ordered, a dangerous dog can be impounded or euthanized.
There is no shortage of lawyers who say they will handle a dog bite or dog attack case in Austin. Make sure to hire someone who you trust and who has a permanent office in Austin. Dog bite laws vary by state and each jurisdiction is different. In some Texas counties, it is more difficult to hold a dog owner liable for a dog's negligence.
There are two main ways to hold a dog owner liable in Texas: negligence and strict liability. To win a strict liability claim, the dog bite victim has to show that the dog was dangerous or aggressive and that the owner knew or should have known. The "one bite rule" essentially means that a dog owner is not held liable in strict liability if the dog has never bitten anyone before. Every dog essentially gets one free bite before being deemed an aggressive dog.
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.
Call Ard Ardalan, an Austin Dog Bite Attorney, for a free case evaluation.
Copyright © 2021 Ardalan Law Firm PLLC - All Rights Reserved.
Principal office: Austin, Texas
Mail: 1211 W. 6th Street, Suite 600-122
Austin, Texas 78703
PHONE: (512) 931-4911
FAX: (737) 402-7075
Powered by GoDaddy Website Builder
Accept cookies to help us improve our firm's website!