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’ behavior.
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.
Why Dogs Attack
Dogs can attack for a variety of reasons, and understanding why these incidents happen can help prevent future injuries:
- Fear or Anxiety: Dogs may bite when they feel threatened or cornered.
- Territorial Behavior: Dogs often protect their home, yard, or owner.
- Pain or Illness: A normally friendly dog might bite if it is in pain or suffering from a medical condition.
- Lack of Proper Training: Dogs that have not been trained or socialized properly may be more prone to aggression.
- Provocation: While a dog’s reaction may sometimes be triggered by human actions, many bites occur without any provocation at all.
Even if the victim unintentionally provoked the dog, Texas law may still allow for compensation depending on the circumstances.
Texas Dog Bite Law
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.
Overview of Animal Control in TX
Animal control agencies in Texas play a key role in preventing dog attacks and enforcing local ordinances:
- Reporting Dog Bites: Victims should report all dog bites to the local animal control agency or health department. In Austin, the Austin Animal Center handles dog bite reports and enforces local leash and vaccination laws.
- Quarantine and Investigation: Dogs involved in bite incidents are often quarantined for observation. Animal control officers may investigate the circumstances of the bite, the dog’s vaccination status, and prior history.
- Compliance with Local Ordinances: Austin, TX, has specific regulations regarding dangerous dogs, leash laws, and owner responsibilities. Failure to comply with these ordinances can strengthen a victim’s legal claim.
Proper documentation of animal control reports, medical records, and witness statements can significantly impact the outcome of your dog bite claim.
Compensation Available to Dog Bite Victims
Victims of dog attacks may be entitled to various forms of compensation depending on the severity of the injury and the circumstances of the bite:
- Medical Expenses: Compensation can cover hospital visits, surgeries, medication, rehabilitation, and ongoing medical care.
- Lost Wages: If injuries prevent you from working, you may be compensated for lost income.
- Pain and Suffering: Legal claims may include damages for physical pain, emotional distress, and trauma resulting from the attack.
- Scarring and Disfigurement: Severe bites can leave permanent scars or disfigurement, which may qualify for additional damages.
- Legal Fees and Costs: In some cases, the defendant may be required to cover legal expenses incurred in pursuing the claim.
Our Austin dog bite attorney from Law Offices Of Vic Feazell, P.C. can help assess your damages and pursue the maximum compensation possible.
Dog Bite Claim FAQs
Q: Do I need a lawyer for a dog bite claim?
A: While it is possible to file a claim without a lawyer, having an experienced Austin dog bite attorney significantly increases the likelihood of receiving fair compensation and navigating complex legal issues effectively.
Q: What if the dog owner denies responsibility?
A: Our attorneys can gather evidence, including medical records, witness statements, and animal control reports, to build a strong case and prove liability.
Q: How long do I have to file a claim?
A: In Texas, the statute of limitations for personal injury claims, including dog bites, is generally two years from the date of the injury. Filing promptly ensures your rights are protected.
Q: Can children receive compensation for a dog bite?
A: Yes, minors who are injured in dog attacks can have claims filed on their behalf, and damages may include medical costs, pain and suffering, and future care needs.
Q: What should I do immediately after a dog bite?
A: Seek medical attention, document your injuries, report the bite to local authorities, and contact an experienced Austin dog bite attorney to discuss your legal options.
Does it matter if the dog has bitten someone before?
A: Previous incidents can strengthen your case, but even if the dog has no prior history of aggression, the owner may still be held liable under Texas dog bite law.
Q: Will my claim involve dealing with the dog owner’s insurance company?
A: Yes, most claims involve negotiating with the dog owner’s insurance company. Insurance companies often try to minimize payouts, which is why having an attorney to advocate for you is crucial.
Q: Can I still recover compensation if I provoked the dog?
A: Texas law considers the circumstances of the bite, including provocation. Even if there was partial provocation, you may still be entitled to compensation, though it may affect the amount awarded.
Q: What types of evidence are needed for a dog bite claim?
A: Evidence can include medical records, photographs of injuries, witness statements, animal control reports, the dog owner’s history of negligence, and proof of expenses related to the injury.
Q: How long does it take to resolve a dog bite claim?
A: The timeline varies depending on the complexity of the case. Some claims settle within a few months, while others requiring litigation may take longer. Your Austin dog bite attorney will guide you through the process efficiently.
Q: Are emotional damages recoverable in a dog bite case?
A: Yes, victims can recover compensation for emotional distress, anxiety, and trauma caused by the attack, especially in severe or disfiguring cases.
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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