What You Need to Know About Dog Bites
Many American households have pets, and in most homes they are seen as a member of the family. In 2021, 38% of American households owned dogs. That means that there are over 48 million homes in the U.S. with dogs!
The U.S. Census Bureau recently reported that in 2022 there are 332.4 million people living in the United States. According to the Canine Journal dogs bite one out of every 73 people, so dogs bite 4.6 million people every year. Yikes!
No one expects to get hurt by Fido, but the truth is that dogs bite humans more often than you might think, and dog attacks have increased yearly.
A dog can attack you almost anywhere. It can be on the street, a public park, on private property, or in the dog’s own home. People of all ages are prone to dog bites, attacks, and injuries. Unfortunately, children account for approximately one-half of all dog bites that occur throughout the country with the elderly following in a close second.
Serious and fatal attacks caused by dogs are a frequent occurrence both nationally and in Texas. In fact, Texas has one of the highest rates of dog bites in the nation. In 2015, Texas led the United States in lethal dog attacks.
A study from the Center for Disease Control (CDC) reported that 800,000 dog bites each year result in the need for medical care.
What The Texas Law Says
Texas is one of the states that have the “first bite is free” rule. That means if you are a victim of a dog bite, it is incumbent on you, as the victim, to prove that the dog owner knew or should have known that the dog was dangerous or has shown aggressive tendencies in the past.
This rule states that a person can recover compensation for their injuries only if the dog has bitten a person before or acted like it wanted to. The victim will not receive compensation if this requirement is not met.
The person who is attacked can only file for damages when the following facts can be proven according to Texas state laws.
The facts are:
- The owner has previous knowledge of the dog biting another person.
- The injury occurred due to the negligence displayed by the dog owner.
- Leash laws were violated.
- The dog owner’s intent was involved in bringing about the injury.
The requirements are quite vague, and the factors can be hard to prove. The dog owner may not have been present when the dog bit someone previously, so proving intent falls on the victim. This is why dog bite victims have a hard time recovering compensation for dog attacks in Texas.
It is also important to note that Texas law requires a time limit on filing a claim for damages. The victim has two years from the day of the dog attack to file. If the two years expires, the victim cannot file a claim.
What happens if your dog bites someone in Texas?
Texas courts can apply a strict liability rule in cases where it is proven that the dog is known to be vicious and dangerous, and the bite was a result of the dog’s known nature. If a dog has bitten someone before, that dog can be classified as dangerous regardless of how serious the injury.
If a victim meets the burden of proof, they can hold the dog owner responsible for all damages and has to be compensated.
Compensation claims can include the following items: medical expenses, loss in income/wages, physical disabilities, disfigurement, scarring and pain, suffering, loss of enjoyment of life, and others. Major injuries due to dog bites/attacks are infections, lacerations, scarring, bodily pain, soft tissue damage, broken bones, paralysis, amputation, etc.
Victims of severe dog bites/ injuries are eligible to receive financial compensation for any of the following damages:
- Lost income
- Medical expenses
- Property damage
- Loss of services
- Pain and suffering
- Punitive damages
Should I Contact a Lawyer?
Unfortunately only 1% of minor dog bite victims receive compensation for their injuries or property damages because insurance companies deny their claims. If you are looking for a dog bite lawyer in Texas to help you to receive the compensation you legally deserve contact the trusted legal services of the Law Office of Matthew Shrum. Our personal injury lawyers will work tirelessly to defend your rights at every step of the way.
