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 in Texas?
Dog bite injuries, as opposed to general animal attack 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. Texas Law, Title 10, Chapter 882 defines the regulation of animals and states clear requirements for the owners of dangerous dogs. Consulting with our experienced animal bite lawyers in San Antonio will help you assess the circumstances of the incident and determine the appropriate legal course of action.
Negligence vs. Strict Liability in Texas
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.
What Do I Do After A Dog Bite?
- 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.
Navigating Insurance Companies When You've Been Bitten by a Dog
You must be extremely careful when dealing with insurance companies after a dog bite. It’s important to understand that while the insurance adjuster may sound sympathetic or even apologetic, their goal isn’t to help you—it’s to save their company money. They are trained to minimize payouts, which often means undervaluing your claim or trying to shift blame onto you. Don’t be fooled by their friendly tone or promises to “take care of everything.” Their job is to protect their bottom line, not your interests.
Be cautious about what you say when speaking with them. Avoid giving detailed statements about the incident or admitting any fault, even casually. They may record your conversations or take notes to use against you later. Don’t sign anything they send without consulting a lawyer first, as you could unknowingly waive your right to pursue compensation. Insurance adjusters might offer a quick settlement that seems tempting, but these offers are almost always far less than what you truly deserve or even need to move forward.
Instead of dealing with them directly, let your attorney handle the negotiations. Experienced lawyers know how insurance companies operate and won’t let them take advantage of you. At True Law Firm, we’ll step in to protect your rights, ensuring you get fair compensation for your medical bills, emotional trauma, and any other damages you’ve suffered. Let us handle the negotiations with the insurance company so you can focus on healing.
Dog Bites Vs. Animal Bites
Dog bites specifically refer to injuries caused by a dog’s aggressive actions, such as bites, scratches, and injuries from being knocked over or chased. Animal bites, on the other hand, encompass injuries from various animals, both domestic and wild. These can include bites from cats, rodents, and other animals, leading to infections, fractures, and psychological trauma.
Establishing liability in animal bite cases can be more complex, and it can extend to landlords, property managers, or animal handlers who fail to prevent harm. True Law Firm’s experienced animal bite lawyers in San Antonio also represent victims of general animal bites to help them secure compensation for their suffering.
What Do I Do After an Animal Bite:
- Seek immediate medical attention to prevent infections and further complications.
- Document the incident thoroughly by taking photos of your injuries and the location where the bite occurred.
- Gather detailed information about the animal, its owner, and any witnesses, including their contact information.
- Report the bite to local animal control or wildlife authorities to ensure proper documentation and investigation.
- Preserve any evidence, such as clothing or personal items damaged during the incident.
- Avoid discussing the incident with the animal’s owner or their representatives without legal counsel.
- Consult our animal bite lawyers in San Antonio to understand your legal rights and options for pursuing compensation.
Why Choose Us After Your Dog Bite?
Our attorneys understand the law isn’t just about rules, it’s about justice for the people. This is why we’ve dedicated our practice to fighting for rights, justice, and maximum compensation for our clients. Our dog bite attorneys in San Antonio take a client-centric approach to each case, ensuring you get treated like a person, not a statistic.
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. Wild animal attacks, however, fall under different laws, however, you may still be eligible for compensation even if you were partially at 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.
What do I do if I've been bitten by a wild animal?
If you’ve been bitten by a wild animal, you must do the following:
- Seek immediate medical attention to prevent infections and other complications.
- Document the incident by taking photographs of your injuries and the location where the bite occurred.
- Report the attack to local authorities, such as animal control or public health departments.
- Gather contact information from any witnesses.
- Once you have addressed the immediate medical concerns, consult with our animal bite lawyers in San Antonio to explore potential legal actions and ensure your rights are protected.
Who may be held liable if I'm bitten by an animal?
Liability for an animal bite can depend on various factors, including the type of animal and the circumstances of the attack. Owners of wild animals are usually subject to strict liability, meaning they are responsible regardless of precautions taken and even without prior knowledge of the animal’s dangerous tendencies.
However, if the animal is under the control of a facility, such as a shelter or zoo, or if it is owned by a government entity, those parties may be held liable based on their level of control and knowledge. For government or zoo-owned wild animals, negligence must be proven. Contact True Law Firm to discuss the specifics of the case and identify liabilities.
Contact True Law Firm in San Antonio
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.
