Dog bites can have serious legal and personal consequences, and at True Law Firm, we understand the pain and trauma they can cause. Our team of San Antonio dog bite attorneys, led by Kristian Knapp, is committed to assisting victims in seeking justice and securing the compensation they are entitled to. We approach each case with a commitment to achieving the best possible outcome for our clients.
What Constitutes Dog Bite Injuries?
Dog bite injuries encompass physical and emotional harm caused by a dog’s aggression. It can be defined as any harm inflicted by a dog, such as bites, scratches, or injuries resulting from a dog’s actions, including knocking someone over or chasing them. These injuries can lead to severe consequences, including infections, scarring, emotional trauma, and, in some cases, disability. Please consult with the experienced legal professionals at True Law Firm to assess the circumstances of the incident and determine the appropriate legal course of action.
Negligence vs. Strict Liability
Negligence
Negligence revolves around the dog owner’s failure to exercise reasonable care in controlling their pet. In a dog bite case based on negligence, our San Antonio dog bite attorneys offer valuable insights to the victim. The victim needs to demonstrate that the owner was aware or should have been aware that their dog presented a danger to others. This can include previous aggressive behavior or knowledge of the dog’s propensity to bite. If the owner’s actions or lack thereof can be deemed careless or negligent, they may be held responsible for the injuries.
Strict Liability
To establish strict liability, victims need only demonstrate two key elements: that they suffered an injury due to a dog bite or attack and that the dog’s owner knew or reasonably should have known about the animal’s history of aggression. This places the burden on owners to control their pets effectively. Even if the owner has taken steps to prevent harm, such as using leashes or muzzles, they can still be held strictly liable if their dog causes injury to another person.
Types of Dog Bite Injuries:
- Bites and puncture wounds
- Deep tissue lacerations
- Infections and sepsis
- Nerve and muscle damage
- Scarring and disfigurement
- Amputations and disability
- Emotional trauma and post-traumatic stress
- Fractures and broken bones
- Wrongful death
For more information and assistance in navigating dog bite injuries, reach out to our San Antonio dog bite attorneys today.
The One-Bite Rule in Texas
The “one-bite rule” is a legal doctrine that implies that a dog owner may not be held liable for their dog’s first aggressive act or bite if they had no prior knowledge of the animal’s aggressive tendencies.
However, it’s important to note that this rule has limitations, and under certain circumstances, owners can still be held responsible. If the owner knew or should have known about the dog’s aggression, they can be held liable for the dog’s actions.
After Dog Bites, You Must:
- Seek immediate medical attention for your injuries.
- Document the incident by taking photographs of your injuries and the scene, if possible.
- Gather information about the dog and its owner, including contact details.
- Report the incident to local animal control authorities.
- Obtain witness statements and their contact information.
- Preserve any evidence, such as torn clothing or damaged property.
- Refrain from discussing the case with the owner’s insurance company without legal guidance.
- Consult our dog bite attorneys in San Antonio to understand your rights and explore potential legal actions.
Dog Bites FAQs
What if I was partially at fault for the dog bite incident?
Texas follows a modified comparative negligence rule, meaning that if you were partially at fault for the incident, your compensation may be reduced. However, you can still recover damages if you were less than 51% at fault. For example, if you were found to be 20% at fault and the dog owner 80%, you can still pursue compensation, but your award will be reduced by your percentage of fault.
How long do I have to file a dog bite lawsuit in Texas?
In Texas, the statute of limitations for personal injury cases, including dog bite incidents, is generally two years from the date of the injury. Prompt consultation with a dog bite attorney in San Antonio is crucial to avoid missing the deadline, as failure to file within this timeframe may lead to the forfeiture of your right to seek compensation.
Can I sue for damages other than medical bills, such as pain and suffering, in a dog bite case?
Yes, you can seek compensation for various damages in a dog bite case, including medical expenses, pain and suffering, emotional distress, scarring or disfigurement, lost wages, and future medical expenses if you require ongoing treatment. The specific damages you can claim will depend on the circumstances of your case.
How can I prove the dog owner's knowledge of their dog's aggression?
Proving the dog owner’s knowledge of their dog’s aggression can be challenging but crucial in a strict liability case. Evidence that can help establish this includes prior documented incidents of the dog’s aggression, any history of complaints or warnings from neighbors or others about the dog’s behavior, and any records of the owner attending dog training classes or using aggressive dog warnings. Eyewitness testimony and photographs or videos of the dog’s aggressive behavior can also be valuable in demonstrating the owner’s awareness.
Can I sue if the dog bite occurred on the owner's property?
Yes, you can sue if the dog bite occurred on the owner’s property. In Texas, strict liability applies regardless of where the incident occurred as long as you were legally on the property at the time. However, certain exceptions may apply, such as if you were trespassing or provoking the dog. Please consult our San Antonio dog bite attorneys to assess the specific circumstances of your case and determine your legal options.
What should I avoid saying or doing after a dog bite incident?
After a dog bite incident, it’s essential to be cautious about what you say or do. Avoid making any statements to the dog owner’s insurance company without consulting an attorney, as they may use your words against you. Additionally, refrain from posting about the incident on social media, as these posts could be used as evidence. Focus on seeking medical attention, gathering information, and consulting with an attorney.
Contact True Law Firm
True Law Firm is more than just a legal practice; we are lawyers who genuinely care about you and your pursuit of justice. With our aggressive approach to litigation and negotiation, we’re dedicated to advocating for the best possible outcomes in every case. If you’ve been a dog bite victim, schedule a consultation with our dog bite attorneys in San Antonio to discuss your case and take the first step toward securing the compensation and justice you deserve.
