
About Dog Bite Cases
Have you or your child fallen victim to a dog bite in Frisco? If so, you’re likely grappling with severe physical pain, enduring injuries that may take weeks or months to heal, possibly leaving lasting disfigurement.
Beyond the physical toll, there’s the emotional trauma. The fear of encountering an unrestrained dog during a nightly walk or the uneasy tension around even friendly dogs may linger. Post-traumatic stress disorder (PTSD) is not uncommon among dog bite victims, amplifying the psychological distress following an attack.
For child victims, a lasting fear of dogs can persist, and the mental anguish resulting from a vicious dog attack leading to permanent disfigurement is beyond imagination.
Adding to the burden is the financial fallout. Mounting medical bills become a source of stress, and uncertainty surrounds how to settle them while meeting other obligations. The dog owner’s insurance company may delay or deny payment, leaving you responsible for expenses that weren’t your fault.
In moments of hopelessness, it’s crucial to recognize that dog bites happen, often due to inadequate training, supervision, or restraint by owners.
Our Frisco lawyers aim to hold dog owners accountable for your injuries, striving to demonstrate:
- The dog’s past history of attacking someone.
- Aggressive tendencies displayed by the dog.
- Inherently dangerous nature of the dog breed.
- Deviation from a defined standard of care for the canine by the owner.
- Violation of a “leash law” by the owner.
Dog owners should maintain liability insurance, typically covered by their homeowner’s insurance policy, ranging from $100,000 to $300,000. To navigate these complexities, enlist the support of the best Frisco dog bite lawyers. Contrary to common belief, you can afford top-notch legal representation, as injury lawyers operate on a contingent fee basis tied to the final settlement value—you pay only if your Frisco dog bite case settles.
UNDERSTANDING DOG BITE CLAIMS
Is The Owner Automatically Responsible If A Dog Bites Me?
Not necessarily. Despite common beliefs, being bitten by a dog in Texas doesn’t automatically entitle you to compensation from the owner or their insurance company. Texas dog bite law typically requires proof that the dog has a history of aggression and that the owner was negligent in some way. There is an exception if you are bitten by an inherently dangerous breed, such as Pit Bulls or Dobermans.
How Much Compensation Can I Expect For My Dog Bite Injuries?
The amount of compensation varies based on the extent of your injuries and their impact on your life. Your level of responsibility in the situation is also a factor. For instance, if you provoked the dog, Texas comparative negligence law may reduce your compensation based on your percentage of fault.
How Do Owners Defend Themselves In Dog Bite Cases?
Owners, or their representatives, often claim they had no prior knowledge of the dog’s aggressive behavior or history of biting. Merely being bitten does not guarantee automatic compensation, highlighting the importance of having a skilled Frisco dog bite injury lawyer handle your case.
Are Dog Bite Cases Easy To Win?
Not necessarily. You bear the burden of proof, and winning a case isn’t guaranteed. Liability alone may not ensure compensation, as insurance coverage factors, such as breed exclusions, can come into play.
Should I File A Claim If It’s My Friend Or Family Member’s Dog That Bit Me?
In most cases, you’re filing a claim against your friend’s homeowner’s insurance, not against them personally. A true friend or family member would want you to be fairly compensated for your damages. If their dog caused your injuries and they resist fair treatment, they may not be genuine friends.
While nobody plans for accidents or injuries, understanding the realities of Texas dog bite law helps you protect yourself. If you find yourself a victim of a dog attack, contact our Frisco dog bite lawyers today for a free consultation at (214) 529-3476.
UNDERSTANDING DOG OWNER LIABILITY FOR INJURIES IN TEXAS
Texas adheres to a somewhat peculiar “one free bite” rule concerning liability for dog bites. It’s important to note, however, that this doesn’t grant dog owners immunity in every situation.
Let’s consider a scenario where you’ve been bitten by a dog. Is the owner accountable financially? Perhaps.
While we’d prefer to provide straightforward “yes” or “no” answers, the legal landscape is more nuanced. The specific details of your case will influence the outcome.
EXPLORING TEXAS DOG BITE LAW
Texas Adheres To A “One Free Bite” Standard:
Typically, owners receive legal protection for their dog’s initial bite, unless liability can be established on other grounds. Essentially, if it’s the dog’s first bite, and there were no prior indications of aggressive behavior, the owner might not be financially responsible for your injuries.
Exceptions To This Rule Include:
- Negligence (failure to exercise reasonable care in controlling the dog)
- Violation of leash laws or other local ordinances
- Reckless or outrageous behavior
- Deviation from established standards of care for the dog
- Breeds inherently considered dangerous
Defenses Against Liability:
Common defenses include the owner’s lack of knowledge about the dog’s past aggressive tendencies, or the assertion that you were a trespasser or acted negligently.
As the plaintiff, you bear the burden of proof, needing to show it’s “more likely than not” that the owner was negligent or that one of the exceptions mentioned applies.
EXAMINING NEGLIGENCE IN DOG BITE CASES
Owners who allow their dogs off-leash without supervision, especially in areas covered by leash laws, are likely to be deemed negligent. This holds true if a “leash law” is in place, making the owner “negligent per se” – inherently negligent under the law.
However, negligence can take various forms. For instance, if a larger dog knocks down an elderly individual, breaking bones, the owner may be considered negligent for failing to keep the dog at a safe distance.
Unlike “strict liability” states, Texas doesn’t automatically hold owners responsible unless the dog belongs to an inherently dangerous breed.
If uncertain about dog bite responsibility, seek a free consultation with an injury lawyer for clarity on your rights. Contact our Frisco dog bite attorneys at (214) 529-3476 for assistance.
FACTORS INDICATING OWNER AWARENESS OF A VICIOUS DOG
To succeed in a Frisco dog attack lawsuit, you must demonstrate that the owner knew or should have known their dog posed a threat but failed to take ordinary precautions.
Indications that an owner should have known about their dog’s aggressiveness include:
- Frequent confinement or restraint of the dog
- Posting warning signs about the dog
- Breed characteristics known for aggression
- Observable signs of aggressive behavior
- Formal complaints or warnings about the dog
However, these factors alone do not prove liability; they serve as evidence. Establishing a clear pattern of aggressive behavior is crucial to proving the owner’s awareness.
For a detailed consultation on your potential dog bite case, contact our Frisco lawyers at (214) 529-3476.
TEXAS TAKES UNFORTUNATE LEAD IN FATAL DOG ATTACKS: UNVEILING THE CULPRITS AND PROTECTIVE MEASURES
Regrettably, Texas holds a prominent position in less-than-desirable statistics. The state consistently ranks among the most perilous in the nation, and in some years, claims the dubious title of the most hazardous in terms of severe dog bite injuries and fatalities.
Data compiled and disclosed by DogsBite.org sheds light on the alarming frequency of dog attacks resulting in significant harm and even death.
In 2015, Texas topped the nation with a distressing total of 5 fatalities. Moreover, from 2005 to 2013, the state maintained its lead with a staggering 34 deaths.
Current data indicates that Texas continues to be among the frontrunners in such incidents this year.
One heartbreaking account is that of Johana Villafane, who met a tragic fate while visiting her pit bulls during their quarantine at O’Connor Animal Hospital. The dogs had been placed in quarantine following an incident where they had bitten a man just 8 days prior.
The severity of their aggression was such that the animal hospital, unable to manage the dogs themselves, requested Villafane to walk them, leading to the devastating mauling that resulted in her untimely death.
WHICH DOG BREEDS ARE CONSIDERED MORE PRONE TO AGGRESSION?
Not all dogs are inherently dangerous, yet some breeds may pose a higher risk. With proper training and attentive ownership, many dogs can be well-behaved. However, it’s essential to recognize that some dogs, when not appropriately trained, can exhibit aggressive behavior, potentially leading to bites and attacks on innocent individuals.
While it’s crucial not to generalize based on a dog’s appearance or behavior, certain breeds have gained notoriety for being associated with aggressive incidents. Meeting a dog with its owner is often advisable to establish trust and avoid perceived threats. Here are some breeds commonly recognized for their potential danger:
Pit Bulls:
Frequently making headlines for aggressive behavior, pit bulls encompass various breeds like the American Pit Bull Terrier, Staffordshire Bull Terrier, American Staffordshire Terrier, and American Bulldog. Originally bred for bull and bear baiting, as well as dog fighting, they may display aggressive tendencies if not properly trained.
Rottweilers:
Known for their historical role in driving cattle for the Roman army, Rottweilers can have a strong temperament. Effective ownership requires a calm, assertive approach to help manage their emotions and prevent aggressive behavior.
German Shepherds:
Initially bred to assist shepherds in protecting flocks, German Shepherds have also served as loyal guard dogs. While they can be friendly with proper training, their behavior heavily depends on responsible ownership.
Doberman Pinschers:
Originally bred by a German tax collector for protection during door-to-door work, Doberman Pinschers have a history tied to their guardian role. Responsible ownership is crucial to ensuring they do not exhibit aggressive behavior.
Conclusion:
It’s essential to understand that nearly every dog, irrespective of breed, can make an excellent family pet with proper care. However, certain breeds, due to their genetic predispositions, may have a higher likelihood of aggressive behavior. In Texas, certain breeds, such as Pit Bulls, are considered inherently dangerous, and owners are expected to be aware of the potential risks. If you’ve experienced a dog bite, seeking advice from a qualified personal injury lawyer is recommended.
HOW TO HANDLE A DOG ATTACK: TIPS FOR STAYING SAFE
Although rare, dog attacks can occur unexpectedly. Are you prepared to handle one or stop it if you become a victim? Learn the essential steps to take in such a situation.
Texas leads the nation in fatal dog attacks, and while dog bites are common, a full-scale mauling is fortunately infrequent.
If You Find Yourself Facing A Dog Attack, What Should You Do?
Predicting a dog’s intention to attack is challenging, as not all display overt signs such as growling, lunging, snarling, or baring teeth. Some dogs may exhibit more subtle behaviors, like momentarily freezing their entire body.
What Should You Do If A Dog Displays Aggressive Behavior?
Follow these guidelines:
- Avoid direct eye contact, as dogs perceive it as a challenge.
- Remain motionless and refrain from talking to the dog.
- Slowly move away, creating distance and placing a barrier between you and the dog.
- Calmly ask someone nearby for assistance, avoiding loud shouts that could startle the dog.
- If you’re on the ground, curl into a ball, protect your neck with your hands, and avoid using pepper spray, as it may increase the likelihood of an attack.
What If A Dog Attacks And Bites You?
Consider the following tactics:
- Cover the dog’s head with a jacket or shirt to obstruct its vision, possibly prompting disengagement.
- Use a jacket, shirt, or another object to redirect the dog’s biting away from yourself.
- Avoid screaming, as it can escalate the dog’s aggression.
- Refrain from hitting the dog with nearby objects, as this intensifies the dog’s adrenaline and desire to attack.
Successfully preventing or surviving a dog attack requires a composed demeanor in a high-pressure situation. While encountering an aggressive dog alone is an undesirable scenario, being aware of the appropriate actions can empower you to respond effectively if the need arises.
CONTACT US FOR A FREE CONSULTATION
Call (214) 529-3476 to talk to a Frisco 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.
Seriously Hurt? We’ll Come to You!
FRISCO OFFICE
Mullen & Mullen Law Firm in Frisco, TX
2770 Main St #258
Frisco, TX 75033
(214) 529-3476
