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Dog Bite Accident Warrior

have you suffered a dog bite or animal attack?

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Hire an Attorney Experienced with Dog Bite Cases

You should consult with an attorney who has experience handling dog bite cases.  Sewell Law Firm has obtained compensation for many dog bite victims.  An inexperienced attorney may leave money on the table because:

  • the attorney does not know all the applicable statutes; 
  • the attorney has difficulty determining all the potential parties that may have responsibility for the attack; or 
  • the attorney might not litigate the case if he cannot obtain a fast and easy settlement.

Our firm has aggressively represented numerous dog bite victims.  Their injuries range from puncture wounds to life threatening injuries with permanent, disabling impairment and disfigurement.  The cases have resulted in compensation as high as seven figures.

If you have been injured by a dog, contact the Dog Bite Warriors at the Sewell Law Firm will fight to get you the compensation you deserve. Our team of experienced dog bite attorneys are here to help you prove that the dog owner is liable for your injuries and to make sure that you are appropriately compensated for any injuries that may be caused by a dog bite.

The Sewell Law Firm has a fully bilingual, Spanish-speaking staff and takes pride in being available 24/7 to answer your call. If you’ve been injured on a motorcycle by the negligence of another, call us at 713-432-0730  or fill out the FREE case consultation form on this page.

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What Does Dog Bite Law Look Like In Texas?

Dogs play an important role in the lives of many Texans: They bring love, laughter, and companionship. But we have to remember; they are animals and have animal instincts, which means in certain scenarios they can lash out. That’s where Texas dog bite law comes in

Texas had a bad run in 2018, with 922 dog bites claimed. Costing $35,257, on average, they added up to $32.5 million in insurance payouts.

Three people died from dog attacks in Texas last year.

A woman in Hunt County, northeast of Dallas, was attacked by her dog; a 2-year-old girl was mauled to death by the family dog in Alvin, Texas; and a 4-year-old boy was killed by his family pet while playing in his backyard near San Antonio.

Meanwhile, Houston is the nation’s worst city for dog attacks on postal workers. The U.S. Postal Service says there were 75 in 2018 and 71 in 2017, putting Houston ahead of all other major U.S. cities both years.

Our firm believes that you and your family deserve to be safe around someone else’s pets; however, when this is not the case, the Dog Bite Warriors at the Sewell Law Firm will fight to get you the compensation you deserve. Our team of experienced dog bite attorneys are here to help you prove that the dog owner is liable for your injuries and to make sure that you are appropriately compensated for any injuries that may be caused by a dog bite.

The Sewell Law Firm has a fully bilingual, Spanish-speaking staff and takes pride in being available 24/7 to answer your call. If you’ve been injured on a motorcycle by the negligence of another, call us at 713-432-0730  or fill out the FREE case consultation form on this page.

What is Negligent Handling 

A dog bite victim in Texas may recover compensation for their dog bite injuries on the grounds of negligence. So what exactly is negligence? Negligence is considered the lack of ordinary care, the absence of the kind of care a reasonably prudent and careful person would exercise in similar circumstances. If a dog owner fails to handle their dog as a reasonable, prudent individual, a dog bite victim may initiate a negligent handling action. For example, a reasonable, prudent individual wouldn’t allow a stray dog into a yard where young children are playing.

To recover a negligent handling claim, a plaintiff must prove all of the following:

  • The defendant owned or possessed an animal
  • The defendant owed a duty to exercise reasonable care to prevent the animal from harming others
  • The defendant failed to meet that duty
  • The failure to meet the duty caused the plaintiffs injury

This type of action has an advantage because there is no need to demonstrate that the owner knew the dog’s vicious tendencies.

Texas’s negligence rule does not only apply to dog bites. It will also apply to other types of injuries caused by dogs. For example, if a large dog jumps on an older adult, knocks them down and causes a fracture, the injured person may bring a claim for damages against the dog’s owner. Once again, it must be proven that the dog’s owner knew the dog was aggressive or that the owner failed to use reasonable care to prevent the dog from causing harm to others.

    What is Strict Liability? 

    Texas courts may apply a strict liability rule in cases where the dog is known to be vicious, dangerous, or mischievous, and the bite resulted from the dog’s known nature.

    If a dog has bitten someone before, that dog may be classified as a dangerous dog regardless if the bite caused serious harm. In this context, strict liability means if a dangerous dog caused a person’s injury, the victim would not have to demonstrate that the dog’s owner also failed to use reasonable care to restrain the dog. The injured person would be able to recover damages by simply demonstrating that the dog was known to be dangerous before their injury.

    To recover a ‘one bite rule’ a plaintiff must prove:

    • The dog previously bit a person or acted like it wanted to
    • The owner was aware of the dog’s previous conduct
    • If neither of these conditions are met, the victim cannot recover under this doctrine

    Negligence per se 

    If an individual violates a law and causes an injury in which that law was designed to prevent, that individual may be presumed to have acted negligently. The negligence per se doctrine comes in to play in dog bite cases when a dog owner violates animal control laws such as requiring dogs to be on a leash.

    The plaintiff must show:

    • There was a violation of a statute
    • The violation caused the injuries

    Landlord Liability 

    A landlord or landowner in Texas can be held liable for failing to rid premises of a known dangerous dog. Another example, if the landlord is aware of a dog living on the premises, but does not keep common areas safe for residents or guests such as maintaining doors, gates or other barriers that would keep the dog away from people. The injury must have occurred in a common area under the control of the landlord and the landlord must have had actual or imputed knowledge of the particular dog’s vicious inclination.

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    What is a Dangerous or Vicious Dog in the Eyes of Texas Dog Bite Law?

    The Texas law  identifies a vicious dog as one that:

    1. Has bitten or scratched a person on three separate occasions.
    2. Has bitten or scratched a person and an attending physician presented an affidavit stating that the person’s life may have been endangered by the dog to the health authority on at least one occasion.
    3. Has killed another dog, cat, domestic pet, or livestock on at least one occasion or injured another animal so severely that the veterinarian presented an affidavit to the health authority advising the injured animal’s life was seriously endangered.

    There are three ways that the law recognizes for an owner to learn that their dog is considered a dangerous dog:

    1. Your dog has attacked someone in the past and you are aware of it.
    2. The court has sent you a notice that they have found your dog to be a dangerous dog.
    3. Animal control has informed you that your dog is a dangerous dog.

    Is it Enough to Post a Beware of Dog Sign?

    A secure enclosure under Texas law means a fenced-in area that is:

    • Locked
    • Prevents the dog from escaping
    • Capable of preventing others from entering
    • Clearly marked as containing a dangerous dog
    • Inspected and approved by a local animal control authority

    What Can a Dog Bite Lawyer Do For Me?

    A qualified dog bite lawyer can help victims seek compensation for:

    • Past and future medical bills
    • Pain and suffering
    • Lost wages
    • Psychological counseling to overcome emotional trauma
    • Disfigurement
    • Other

    Texas dog bite law may not be as simple as it seems, especially if the attack caused serious injuries and lifelong emotional trauma. It is not likely to know the fair value of your injury claim without having your case evaluated by an experienced dog bite attorney. An attorney will be able to discuss your legal options and help you to navigate through the often complex legal system. 

    How The Sewell Law Firm

    Can Help 

    If you or someone you love has suffered a dog bite or attack, don’t hesitate to contact our seasoned Texas dog bite attorneys. We have a strong understanding of Texas dog bite law.

    The Sewell Law Firm has devoted decades to protecting the rights and futures of injured victims and their families. We will advocate relentlessly until you receive the justice that you deserve. Let us navigate your situation and provide the legal guidance you require.

    Contact us today for a free, no-obligation consultation. We care, we can help.

     

     

     

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    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.