About Dog Bite Cases
Did a dog bite you or your child in Dallas? If so, you are probably experiencing intense physical pain. Your dog bite injuries may take weeks or even months to heal. They may even leave you with permanent disfigurement.
Then there’s the psychological trauma. You might be left constantly worrying about encountering an unrestrained dog during your nightly neighborhood walk. When you see a dog you know is friendly, you might still feel an awkward tension that the canine could snap and attack you. It is not uncommon for dog bite victims to experience post-traumatic stress disorder (PTSD) following an attack.
If your child was the victim, they might be apprehensive of dogs the remainder of their life. The mental anguish associated with permanent disfigurement to a child resulting from a vicious dog attack is, frankly, unimaginable.
Then you have the financial fallout. Medical bills pile up and you don’t know how to pay them while still meeting your other obligations. You have no clue what the final costs will even be.
The dog owner’s insurance company delays or denies payment, leaving you to foot the bills for something that wasn’t even your fault.
What do you do when you feel hopeless?
Dog bites happen – sometimes even when the owner has done a responsible job of supervising their dog. More often, however, dog bites occur because owners haven’t done their part in properly training, supervising, or restraining the dog.
Usually, the owner knows their dog previously displayed aggressive or dangerous behavior but fails to take the proper precautions to keep others safe from their animal.
To hold the owners liable for your dog bite injuries, our Dallas lawyers will attempt to demonstrate:
To hold the owners legally liable for the dog bite injuries, our Dallas lawyers will attempt to demonstrate:
- The dog previously attacked someone in the past; or
- The dog displayed aggressive tendencies in the past; or
- The dog breed was inherently dangerous; or
- The owner defined a standard of care relating to the canine and deviated from same; and/or
- The owner violated a “leash law”.
Dog owners should maintain some form of liability insurance, just in case their dog attacks and injures someone. Typically, that falls under their homeowner’s insurance policy. Usually, a simple homeowner’s or renter’s insurance policy carries at least $100,000 – $300,000 in coverage.
And that’s why you need the help of the best Dallas dog bite lawyers you can find.
That’s why you need the help of the best Dallas dog bite lawyers you can find. Believe it or not, you can afford the best dog bite attorneys in Dallas. That’s because injury lawyers charge a contingent fee based on the final settlement value of your case. You don’t pay anything up front. You only pay a fee if your Dallas dog bite case settles.
How Do Dog Bite Claims Work?
If a dog bites me in Dallas, is the owner responsible?
That really depends. Many Texans believe they’re automatically entitled to compensation by the dog’s owner or their insurance company.
That’s not the case though.
Texas dog bite law typically requires that you demonstrate the dog acted aggressively in the past and that the owner was negligent in some way.
The law provides an exception if you are bitten or attacked by an inherently dangerous breed of dog. Inherently dangerous breeds typically include Pit Bulls, Dobermans, and a few others.
How much money can I receive for my dog bite injuries?
You may not be entitled to big money, or even any money at all.
It depends on the extent of your injuries and how they impact your life. It can also depend on the responsibility you had, if any, in the situation.
For example, say you teased the dog and provoked it into the attack.
In that case, Texas comparative negligence law may apply, which means you may bear partial responsibility for your injuries and that the compensation you can receive may be reduced by your percentage of fault.
How do owners defend themselves in dog bite cases?
Typically, owners (or their attorneys or insurance company) attempt to suggest they had no prior knowledge the dog would attack, no prior knowledge of the dog biting anyone else, or no prior knowledge of the dog acting aggressively.
Again, just because a dog bites you, that doesn’t mean you’ll automatically win compensation.
That’s why it’s important to have a top Dallas dog bite injury lawyer take on your claim.
Are dog bite cases easy to win?
Not necessarily. As you’ve seen, you have the burden of proof. By no means should you expect a walk-in-the-park if someone else’s dog bites you.
Also, even if liability exists some factors could impact insurance coverage. For example, a dog owner’s homeowner’s insurance policy may exclude coverage for certain breeds of dog.
Should I really file a claim if it was my friend or family member’s dog that bit me?
In most dog bite cases, you’re filing a claim against your friend’s homeowner’s insurance (and not against them personally). A good friend or family member should want you to be compensated for your damages. That’s what they have homeowner’s insurance for.
If your friend really is your friend, they’ll care about you and want to make sure you get your injuries covered. If their dog was responsible for your injuries and they don’t want you to be treated fairly, they probably aren’t a true friend.
Hopefully, you never find yourself a victim of a dog attack. That said, however, no one ever plans on accidents or injuries happening.
For now, you at least understand some of the basic myths and misconceptions about Texas dog bite law and can protect yourself accordingly.
Contact our Dallas dog bite lawyers today for a free consultation at (214) 747-5240.
What makes a dog owner liable for your injuries in Dallas?
Texas follows a somewhat odd “one free bite” rule regarding dog bite liability. Keep in mind, however, that doesn’t give dog owners a free pass in every case.
So let’s assume you were bitten by a dog.
Is the owner financially responsible? Maybe.
We’d love to give you simple “yes” and “no” answers, but the law doesn’t make it that simple. The particular facts and circumstances of your claim will impact the analysis.
Let’s take a look at some of the ins and outs of Texas dog bite law:
Texas Is a “One Free Bite” State
Typically, an owner gets legal protection on their dog’s first bite (unless liability can be based on other grounds). In other words, if it is the dog’s first bite, and the dog had shown no prior signs of aggressive behavior, there’s a possibility the owner won’t be financially liable for your injuries.
However, exceptions to this rule exist including:
- Negligence (not taking reasonable care to control the dog)
- Violation of leash laws or other municipal laws
- Outrageous or reckless behavior
- Establishing a standard of care relating to the dog and deviating from that standard
- Inherently dangerous breeds of dog
Defenses Against Liability in Dog Bite Cases
The most common defenses to liability are that the owner had no knowledge their dog had previously bitten someone and/or demonstrated aggressive tendencies in the past or, possibly, that you were a trespasser on the premises or were comparatively negligent.
You, the plaintiff, have the burden of proof and need to demonstrate it is “more likely than not” that the owner was negligent or that one of the other exceptions above is applicable.
A Closer Look at Negligence in Dog Bite Cases
If an owner lets their dog off the leash in their neighborhood, failing to supervise it, they’re more than likely going to be found negligent. This would be especially true if a “leash law” was implicated. In that scenario, the owner would likely be “negligent per se” – negligent as a matter of law.
That’s kind of an extreme example though. Most dog owners don’t do that.
Let’s say, however, that they have a larger dog, and that it jumps and knocks your 80-year-old grandmother down. Your grandmother breaks her hip in the fall. Well, that’s negligence too. The owner still had a responsibility to keep it at a safe distance from your grandmother and – possibly – to have the animal on a leash if the local law required that.
Compare all this to “strict liability” states, who say that if your dog causes damage or harm at any time, then you are responsible.
That’s not the case in Texas (unless the dog is an inherently dangerous breed).
If you’re not sure about who’s responsible for a dog bite you’ve experienced, you can always get a free consultation with an injury lawyer who can help you understand your rights.
Contact our Dallas dog bite attorneys for a free case evaluation at (214) 747-5240.
How do you show an owner should have known they have a vicious dog?
Here’s a list of things which may show just that:
- The Owner Frequently Confines or Restrains Their Dog – Any type of frequent confinement may show the dog is known to be dangerous. This can include keeping the dog outside, on a chain, or in a kennel.
- It can also include simply posting signs to beware of the dog.
- The Dog Breed – Certain breeds, as you’ve likely heard, are much more likely to bite and attack because that’s the nature of their breed. Such breeds can include: Pit bulls, Rottweilers, German Shepherds, Wolves, Huskies, Doberman Pinschers.
- Any Obvious Signs of Aggressive Behavior
- Formal complaints about a dog to the police, the owner warning other people about the dog, and the dog acting aggressively towards other dogs can all be enough to establish liability. Note: that the dog doesn’t necessarily need to have a formal complaint against it. Aggressive behavior observed by neighbors can meet the burden of proof.
- The Dog’s Size – Some dogs are large enough to cause injury simply based on their size. They don’t necessarily have to be aggressive. Great Danes, for example, average around 150 – 170 pounds. While they have friendly personalities, their sheer size means they can knock you flat on your back if they get silly and a little out-of-control.
But None of These Factors Prove Liability By Themselves
Understand that any of these facts by themselves serve only as evidence. They don’t necessarily prove liability.
For example, a “Beware of Dog” sign could also simply be used to scare away burglars. So just having that sign doesn’t necessarily indicate the dog’s owner knows the dog is dangerous.
To prove liability, you’ll likely need to show the dog had a clear pattern of aggressive behavior, and that any reasonable person should have known they needed to take action to protect others from their dog. Again, proving the owner “knew or should have known” their dog to be dangerous is key.
Contact our Dallas lawyers now at (214) 747-5240. for a free consultation about your potential dog bite case.
Data Shows Texas Leads the Nation in Fatal Dog Attacks
Which dogs cause the attacks? What can you do?
Unfortunately, Texas leads the nation in some not-so-good ways.
We’re one of the more dangerous states, and frequently the most dangerous state (depending on the year), when it comes to serious dog bite injuries and fatalities.
DogsBite.org gathers and reports data on dog bites and the serious injuries and fatalities that result from them.
We led the nation in 2015, with a total of 5 deaths, and we also led the nation in total deaths from 2005 – 2013, with 34.
Texas is amongst the leaders again this year.
Have you heard the tragic story of Johana Villafane? Shockingly, she was mauled to death while visiting her pit bulls when they were placed in quarantine in O’Connor Animal Hospital. They were placed under quarantine because they had bitten a man 8 days prior.
The animal hospital asked her to walk the dogs because they were so aggressive their own staff couldn’t walk them.
What Are The Most Dangerous Dog Breeds?
Are most dogs dangerous? No. Are some? Yes. Most can be reined in with proper training and attention from the owner.
Every dog wants to be a “good” dog. Unfortunately, some think that means biting and attacking innocent people because their owners haven’t taught them it’s not okay.
Just because you see a dog without an owner, or one that’s barking aggressively, doesn’t mean you will get attacked.
Some dog breeds are more dangerous than others. Here’s some of the recognized dangerous that you should watch out for. Make sure to meet the dog with the owner so the dog understands you’re not a threat:
Pit Bulls
This one should come as no surprise. You hear about vicious pit bull attacks on the news all the time.
Interestingly, the phrase “pit bull” in and of itself does not refer to a specific dog breed. Rather, it’s a general term that refers to several breeds which originate from the American Pit Bull Terrier, the Staffordshire Bull Terrier, the American Staffordshire Terrier, and the American Bulldog.
They were originally bred to bait bulls and bears. And they’ve been used for years in dog fighting circles throughout the world.
Rottweilers
Yes, you hear about bites from these dogs on the news all the time too.
Their breed has a fascinating history. The Roman army bred these dogs to drive herds of cattle that fed their army as it marched throughout Europe. These dogs then bred with local dogs, and butchers used the resulting dogs to drive cattle to market.
Rottweilers have a temper and require a calm, assertive, and attentive owner to help them keep their emotions in check.
German Shepherds
These dogs were originally bred to do exactly as their name suggests: help shepherds protect and watch over their flocks.
However, over time, German Shepherds have also been used as guard dogs due to their loyalty.
If properly trained and raised, German Shepherds can be wonderfully nice dogs. The story can completely change, however, if the owner is irresponsible.
Doberman Pinschers
Louis Dobermann, a German tax collector who did his work door-to-door in the early 1800s, is credited as the original person to breed Doberman Pinschers. Looking at the nature of his work, you can see why. Interestingly, he also ran the local dog pound.
Nearly every dog breed can make a wonderful family pet when given the proper time and attention. The breeds on this list – due to genetics – are just usually more likely to commit an attack.
Texas law typically allows dogs “one free bite” but that does not apply to certain breeds of dog which are inherently dangerous such as a Pit Bull. The owner of a Pit Bull is expected to know from the get-go that the canine could be dangerous and pose a risk.
If you were bitten by a dog, contact a good personal injury lawyer today.
What Should You Do If Attacked by a Dog?
While rare, vicious dog attacks happen. How can you prepare for one, or stop one if it’s happening to you? Learn exactly what to do.
Texas leads the nation in fatal dog attacks. While dog bites happen regularly, a full-on mauling is thankfully a rare occurrence.
So, what should you do if you do find yourself the victim of a dog attack?
Here’s how to handle that:
How do you know if a dog will attack?
You never truly know until they do. You know the obvious signs:
- Growling
- Lunging
- Snarling
- Backing up and baring teeth
Not all dogs do those things before they attack though. Some, for example, will freeze their entire body for a brief second.
It can be quite easy to miss the more subtle signs.
What can you do if a dog shows aggressive behavior?
Here’s what to do and not do:
- Don’t look a dog in the eye because that’s perceived as a challenge to them;
- Stay completely still and don’t talk to the dog at all so you come across less interesting;
- Try to slowly move away and put a barrier between you and the dog;
- Ask someone nearby for help in a calm voice (don’t shout, which could startle the dog into action);
- If you have fallen on the ground for some reason, curl into a ball and keep your hands around the back of your neck, and protect your throat;
- Don’t spray the dog with pepper spray, as that actually increases the chances of an attack.
What if a dog attacks and bites you?
Here’s some other specific tactics to use:
- Try to cover the dog’s head with a jacket or shirt. Blocking the dog’s vision has a high chance of causing the dog to disengage.
- You can also use that jacket or shirt (or some other object) to redirect the dog’s biting onto that object.
- Try not to scream because that only escalates the dog’s behavior.
- Resist the urge to hit or beat the dog with any nearby object. While this sounds like it would help, it only increases the dog’s adrenaline and desire to attack.
- As you can see, preventing a dog attack – or making it through one – requires a cool head in an intense situation.
Hopefully you never find yourself alone and confronted by an aggressive dog, but now you know exactly what to do if it ever happens.
Contact Us for a Free Consultation
Call (214) 747-5240 to talk to a Dallas dog bite attorney right now. We won’t put any pressure on you to hire us on the spot. Simply learn how we’ll approach your case and get some excellent free advice. Make your decision only when you feel 100% ready. Do remember though, that the Texas statute of limitations gives you just 2 years from the date of your accident to file a claim.
We’ll come to your home or hospital room if it makes it easier on you! Phone and Zoom consultations are also available. You can call us, or use the form or chat feature on this page to request a free consultation now.
Mullen & Mullen Law Firm
1825 Market Center Blvd #200
Dallas, TX 75207
(214) 747-5240
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