Sealy Dog Bite Attorney
Unlike many states, Texas does not actually have a statute that covers civil liability for dog bites. Instead, in 1974, the state Supreme Court officially adopted the one bite standard, which means that dog bite victims can only recover compensation after being attacked by someone else’s animal if the dog’s owner knew that the animal was aggressive or was somehow negligent in controlling the animal. Demonstrating this can be difficult for dog bite victims, especially those who are suffering from severe injuries, so if you were recently attacked by someone else’s animal and you have questions about whether the dog’s owner is liable for your losses, it is important to speak with an experienced Sealy dog bite attorney who can help you.
Demonstrating Negligence
In Texas, dog bite victims can only recover compensation from an animal’s owner if he or she can prove that:
- The dog’s owner knew that the animal had bitten someone in the past or had otherwise acted aggressively; or
- The dog’s owner was negligent in controlling the animal or preventing the bite.
For instance, if a dog’s owner had a practice of letting the animal roam the neighborhood without supervision and that dog eventually bit someone, the injured party would have a good argument that the animal owner’s negligence resulted in his or her injury. Similarly, if a dog’s owner knew that her animal had acted aggressively towards other people on prior occasions, she could also be deemed responsible for any bite-related losses. These rules also apply to other types of injuries caused by dogs. If, for instance, a large dog jumps up on a person and knocks him or her down, causing an injury, the victim could still file a claim against the animal’s owner, even though he or she wasn’t bitten.
Strict Liability
While the one bite and negligence rules typically apply in dog bite cases, courts are willing to hold dog owners strictly liable in situations where the particular animal in question was already known to be vicious or dangerous, which means that it:
- Made an unprovoked attack on someone, resulting in a bodily injury, while outside of its enclosure; or
- Committed an unprovoked act while outside of its enclosure that caused a person to believe that the animal would attack and cause injury.
Strict liability in this context means that plaintiffs whose injuries can be attributed to a dangerous dog are not required to demonstrate that an owner was negligent. Instead, the injured party can recover damages as long as he or she can prove that the dog was known to be dangerous.
Contact Our Experienced Sealy Dog Bite Attorney Today
Being bitten or attacked by an animal can be both physically and emotionally traumatic, resulting in expensive medical bills, therapy, and lost wages. To learn more about recovering compensation for these losses after sustaining your own dog bite injury, please call experienced Sealy dog bite attorney Sue E. West at The West Law Office, PLLC today. We can be reached at our office by calling 281-347-3247 or via online message.