Dogs hold a special place in our hearts, often regarded as beloved members of our families. Their unconditional love and loyalty transcend factors like age, appearance, or financial status. However, it’s important to recognize that dogs, regardless of breed, can display territorial and aggressive behavior. According to the American Veterinary Medical Association, any dog has the potential to bite based on its individual history and behavior.
Tragically, dog bites are a prevalent issue in the United States, as reported by the Centers for Disease Control and Prevention (CDC). Each year, over 4.5 million people fall victim to dog bites, with approximately 800,000 requiring medical attention.
Regrettably, children are the most common victims of dog bites and are at a higher risk of suffering severe injuries, including puncture wounds, nerve damage, muscle injuries, or even bone fractures. Shockingly, many dog bite incidents involving young children occur during everyday activities and while they are simply interacting with dogs.
If you or a loved one has experienced a dog bite, it is crucial to seek the guidance of an experienced San Antonio dog bite lawyer. Our dedicated team is committed to securing the compensation you deserve for your injuries.
Understanding Texas Dog Bite Laws
In Texas, the state follows a negligence, or one-bite-rule, approach when it comes to dog bite cases. This means that in order to seek compensation for dog bite injuries, the injured person must establish negligence on the part of the dog owner.
Understanding Negligent Handling
Negligence plays a crucial role in dog bite cases in Texas. But what exactly does negligence entail? Negligence refers to the absence of reasonable care, the failure to exercise the level of caution and prudence that a reasonably careful person would exhibit in similar circumstances.
When a dog owner fails to handle their pet with the care expected of a reasonable person, a dog bite victim may pursue a claim based on negligent handling. For instance, a responsible individual would not allow a stray dog into a yard where young children are playing.
To succeed in a negligent handling claim, the plaintiff must prove the following elements:
- The defendant owned or possessed the animal.
- The defendant had a duty to exercise reasonable care in preventing harm caused by the animal.
- The defendant failed to fulfill that duty.
- The failure to fulfill the duty directly resulted in the plaintiff’s injuries.
The advantage of a negligent handling claim is that it does not require proving that the owner had prior knowledge of the dog’s vicious tendencies.
It’s important to note that Texas’s negligence rule applies not only to dog bites but also to other injuries caused by dogs. For example, if a large dog jumps on an elderly person, causing them to fall and suffer a fracture, the injured individual may pursue damages against the dog’s owner. Once again, it must be established that the owner knew about the dog’s aggressive behavior or failed to take reasonable measures to prevent the dog from causing harm to others.
Texas Statute of Limitations for Dog Bite Claims
If you were bitten by a dog, and your case meets the aforementioned criteria, you have the right to file a lawsuit seeking damages for your injuries. However, it is vital to act promptly, as Texas law imposes a two-year statute of limitations from the date of the dog bite incident. Failing to meet this deadline will result in the loss of your right to seek compensation.
Retaining an Experienced San Antonio Dog Bite Attorney: Establishing Owner’s Liability
To successfully obtain compensation as a dog bite victim, you must prove the owner’s liability and negligence. This involves demonstrating that the owner knew about the dog’s aggressive tendencies and failed to take reasonable precautions to prevent the attack.
Depending on the severity of the incident, you may be entitled to various forms of compensation, including:
- Compensation for pain and suffering
- Coverage of past and future medical expenses
- Lost wages
- Punitive damages
- Property damages
It’s important to note that the dog owner and their insurance company may attempt to downplay your claim or offer a minimal settlement. Don’t accept an unfair offer.
Secure the Compensation You Deserve with a Skilled Dog Bite Attorney
To ensure you receive the rightful compensation for your injuries, it is crucial to have an experienced dog bite attorney by your side. At Hernandez Law Office, we are here to be your advocate throughout the legal process.
If you or a loved one has suffered a dog attack, we urge you to schedule a free consultation with Hernandez Law. Our personal injury lawyers will carefully evaluate your case, working tirelessly to secure the just compensation you deserve.
Hernandez Law Office – Your Trusted Legal Partner for Dog Bite Cases
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