Austin Dog Bite Injury Lawyer
Let Our Firm Help You Secure Compensation After a Dog Bite in Austin, TX
While many dogs will never threaten you or injure you in any way, sometimes circumstances get out of hand, especially if the dog owner is reckless in controlling the dog. Sadly, as a result, thousands of people suffer from dog bites and attacks every year in the U.S. because dog owners do not control their animals’ behaviors.
When a dog owner irresponsibly does not control the actions of his or her pet and you are injured as a result, our Austin dog bite lawyers at the Law Offices Of Vic Feazell, P.C. believe you should be compensated for the pain and suffering you’ve had to endure. We have recovered hundreds of thousands of dollars for victims of dog attacks.
To learn more about how you can potentially hold negligent dog owners accountable with a personal injury claim, contact us today by calling (254) 938-6885.
Understanding Dog Bite Laws in Texas
Believe it or not, Texas is one of the few states that does not have a specific statute regarding dog bites and owner liability. However, in the 1974 case of Marshall v. Ranne, the Texas Supreme Court ruled in favor of following Section 509 of the Restatement Torts’ rule regarding negligence. For all practical purposes, Texas is a negligence, or “one-bite,” state when it comes to dog bite cases.
Under one-bite rules, someone who was bitten by a dog must show that the dog owner was negligent in order to seek compensation for his or her damages. This same rule applies not only to cases involving actual dog bites but also to any case involving injuries caused by a dog, such as injuries resulting from a dog attack, a dog jumping up on a person, a dog knocking someone down, etc.
In order to show a dog owner was negligent, the plaintiff typically must prove the following elements:
- The dog owner knew or reasonably should have known that the dog had either bitten another person or acted aggressively without being provoked in the past
- The dog owner did not use reasonable care to prevent the attack/bite or control the dog, leading to the victim’s injuries and other damages
For example, if an owner has a dog that has a history of aggression, and that owner allows the dog to roam off-leash in a public park, that dog owner has acted negligently. If someone is bitten by the loose dog, he or she can pursue a claim against the dog owner by proving this negligence. However, if a person has a dog who has never shown any signs of aggression and has never bitten anyone in the past, and that dog lunges at and bites someone while on a leash (despite the owner’s attempts to restrain the dog), the injured person will have a tougher time recovering damages.
Dog Breeds Known for Being Dangerous
Any dog has the potential to become dangerous if it is scared or angry, but some dog breeds are known for being naturally more aggressive than others.
Some dangerous dog breeds include:
- Pit Bull
- Rottweiler
- Doberman Pinscher
- German Shepherd
- Chow Chow
While these dog breeds have been involved in numerous cases of dog bites and dog attacks, any dog might become a threat to an innocent person if their owners are negligent or reckless. Whatever dog attacks you or a loved one, you should know that there is legal help available to help you fight back.
FAQs About Dog Bite Claims in Austin, TX
What should I do immediately after a dog bite in Texas?
After a dog bite in Texas, your health and safety come first. You should seek immediate medical attention, even if the injury seems minor—dog bites can easily become infected. Report the incident to local animal control or the police to document what happened. If possible, gather evidence at the scene, such as photos of your injuries, the dog, the location, and contact information of any witnesses. Identifying the dog’s owner is critical, as they may be liable for your injuries under Texas law. Early documentation can significantly help your potential claim.
Is the dog owner always liable for a bite in Texas?
Not necessarily. As we mentioned earlier, Texas follows the “one bite rule,” meaning a dog owner is generally only held strictly liable if they knew or should have known the dog had aggressive tendencies or had bitten someone before. However, an owner can also be held liable under general negligence laws if they failed to reasonably control the animal or prevent the attack. Each case depends on the specific facts, including the dog’s history and the circumstances of the bite.
How long do I have to file a dog bite claim in Texas?
In Texas, the statute of limitations for filing a personal injury claim, including a dog bite, is two years from the date of the incident. If you fail to file your claim within this time frame, you may lose your right to seek compensation altogether. It’s advisable to consult with an attorney as soon as possible to ensure you preserve your legal rights and have time to build a strong case.
What kind of compensation can I recover in a dog bite case?
If you’ve been bitten by a dog in Texas, you may be entitled to compensation for a range of damages. These can include medical expenses (both immediate and long-term), lost wages if you missed work, pain and suffering, disfigurement or scarring, and emotional distress. In severe cases, punitive damages may be available if the dog owner acted with gross negligence or intentional misconduct. The exact amount depends on the severity of your injuries and how they impact your life.
Can I still file a claim if I was partially at fault for the bite?
Yes, Texas follows a modified comparative negligence rule. This means you can still recover damages if you were less than 51% at fault for the incident. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 30% responsible for provoking the dog, and your damages total $10,000, you would recover $7,000. If you were 51% or more at fault, you would not be able to recover any compensation.
Do I need a lawyer to handle a dog bite claim in Texas?
While it’s not legally required to have a lawyer, hiring an attorney can significantly increase your chances of a successful outcome. Dog bite cases often involve insurance companies, legal technicalities, and disputes over liability. Our Austin dog bite lawyer at Law Offices Of Vic Feazell, P.C. can investigate your case, negotiate with insurers, gather necessary evidence, and represent you in court if needed. Legal help is especially important if the bite resulted in serious injuries or long-term effects.
Wish to Take Legal Action? Contact our Dog Bite Attorney in Austin Today
At the Law Offices Of Vic Feazell, P.C., our Austin dog bite attorneys believe that your safety should never be compromised by a domesticated dog. If an unsafe dog has attacked you because its owner failed to control it, learn how you might be owed financial compensation in a lawsuit by calling our offices today at (254) 938-6885.
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