Houston Dog Bite Lawyer
Dogs are usually lovable and loving to a fault, but even the best dog can get overexcited and bite someone. If this happens to you, you may have to file a personal injury lawsuit against the owner for damages to cover the resulting medical expenses. An experienced Houston dog bite lawyer from Denena Points, PC can guide you through the legal process and get you the compensation you deserve.
Texas and the One Bite Rule
Texas is one of the few states that do not have a specific law regulating dog bites and their consequences. That means that for the purpose of personal injury cases, Texas is a “negligence” or “one bite rule” state.
In the few states with laws like these, the victim must show that the owner knew about previous aggressive behavior, that he or she did not use reasonable care to control the dog, and that this negligence ended in the bite or injury.
It doesn’t necessarily have to be a bite or attack, either. It could simply be a big dog jumping up and knocking someone down, thereby causing a serious injury.
Strict Liability in Texas
The Texas “negligence” or “one bite rule” doesn’t apply to every dog bite case. If it is known that the dog is “”vicious, dangerous, or mischievous,” and an injury is caused by this known behavior, then Texas will use a “strict liability” rule.
Under this rule, if the injury was caused by a dangerous dog (a dog that has bitten in the past), the victim does not have to prove that the owner was negligent in restraining or controlling the dog. A Houston dog bite lawyer from our firm can help you find out if this is the case, as dog bite records do not always follow an owner and dog if they moved here from another state.
Compensation for Your Dog Attack
Determining compensation can sometimes be difficult in a personal injury case, and dog bite lawsuits are no different. Generally, you can seek compensation for medical bills, lost income, property damage, and pain and suffering. Your Houston dog bite lawyer can efficiently itemize every cent you spend as a result of the dog bite injury and help you recover just compensation.
- Your medical bills could include hospital visits, medications, reconstructive surgeries, physical therapy, and counseling or psychiatric treatment.
- You can also claim any income you lost due to the emergency room visit and hospitalization, as well as any lost income due to an inability to work while you recover.
- Pain and suffering can also be calculated financially, although it can be difficult. A jury may award pain and suffering damages if the following apply:
- If a child is attacked and has nightmares, becomes terrified of dogs, or experiences any other emotional or psychological trauma
- If the victim has to spend days waiting to find out if he or she is sick because the dog was not vaccinated
- If a completely unprovoked attack caused your injuries, or if they were caused by certain listed “unpredictable” breeds such as Dobermans or Rottweilers.
In some cases, if the owner was exceptionally negligent, reckless, or malicious, or the dog had caused injuries to someone before, then punitive damages may be awarded to punish the owner’s inappropriate conduct. For instance, if the owner knew the dog was dangerous but regularly let the animal run loose in the neighborhood, or if the dog was not up to date on its vaccinations.
Texas follows a comparative fault rule in personal injury cases. This means that if you were partly responsible for the circumstances that led to the injuries the dog inflicted, you will lose the percentage that you were responsible for from your compensation.
For example, if you are awarded a $100,000 decision, but are found 20 percent responsible, $20,000 will then be deducted, leaving you with an $80,000 settlement. Getting help from a Houston dog bite lawyer is essential in minimizing the appearance of fault on your behalf and can save you more of your compensation.
Discuss Your Case with a Houston Dog Bite Lawyer
If you have been injured by a dog bite, you have the right to compensation for your injuries, damages, and lost income. With the help of a Houston dog bite lawyer from Denena Points, PC, we will get you the best settlement or court decision possible for your case.
Please call us at 713-807-9500 to schedule a free legal consultation. You can also fill out the form below to have a friendly associate call you at your convenience.