Dale R. Rose is an experienced civil trial attorney, with over 155 first chair jury trials to date. Dale’s practice of law has taken him to 54 counties throughout Texas, several states, and even Canada. During his nearly 25 years of being a licensed attorney, Dale has represented the State of Texas, individuals, small companies, mega corporations, insurance companies, and defended criminal cases.
Dogs are called a ‘social animal’ because of its seemingly endless love and compassion for people. But no matter how social it is, don’t forget that it is an animal. Even the most harmless animal can damage properties and cause harm to people.
If a stray or pet dog bites, you may need to hire a dog bite attorney. Since applicable laws vary from state to state, a local dog bite lawyer can tell you basic things you need to know, such as: whether you have a legal claim, the potential extent of your liability, what types of defenses may be utilized, and the possible legal and monetary consequences of your dog bite case.
Here we brief you about some of the things that people generally ask of dog bite lawyer:
What to do when you are bitten by a dog
There are a number of options if you’re bitten by someone’s dog or other pet. You can pursue an insurance claim with the dog owner’s insurance company. Many homeowners insurance policies will include an initial dog bite claim that occurs on the property of the insured. In these cases, a dog bite lawyer can be very helpful in dealing with the insurance company and using their understanding and experience to negotiate a fair settlement.
You can also file a lawsuit against the owner of the dog for the damages caused. Some state statutes even allow these lawsuits to cover other types of dog-related injuries, not just dog bites. Dog bite lawyers play a crucial role in these lawsuits since they have the knowledge of the applicable laws of your state, how to calculate damages, and how to present evidence in the most effective way.
How to prove the liability in a dog bite case
Holding someone liable for your dog bite injuries depends on the laws of your state and the strength of your case. In some states, the “one-bite” rule is used and this imposes liability if the owner knew or had genuine reason to know their dog was dangerous, for example if the dog has bitten someone in the past. Other statutes enforce strict liability where the person injured only has to prove that the injury was caused by the dog bite while they were in a place they had the legal right to be, regardless of preventive measures taken by the owner.
Various dog bite and negligence statutes signifies that it is the duty of the owner to protect others from harm caused by their dog. This includes guests, workers on their property, and people in public spaces. Owners also have to obey local laws and statutes that create liability for those who own particularly dangerous animals or specific breeds of dogs. Further, in some states, people other than the dog owner may be held responsible for injuries. For example, parents of a dog-owning minor, caretakers (such as dog sitters or a kennel), property owners, and landlords could be held responsible for the dog bite.
Potential defenses in a dog bite case
Potential defenses someone might use against you in a dog bite case will vary depending on the laws of your state, but some of the most common arguments an opposing dog bite lawyer may employ include the following:
Trespassing: While trespassers are given some legal protections, your state’s dog bite statutes may require you to prove that you were bitten while in a place you were legally allowed to be. Under those rules, a person may not be allowed to recover damages for a dog bite that occurs while trespassing.
Provocation: A common defense is that a dog owner is not liable because the injured person provoked the dog before the bite. For example by bullying the dog with an aggressive gesture.
Contributory Negligence or Assumption of Risk: In some cases, the dog’s owner may debate that you are at least partially liable for your own injuries. For example, if the owner provided preventive warnings regarding their dog, and you disregarded those warnings, this may reduce or eliminate your ability to recover damages.
A knowledgeable dog bite lawyer will know which arguments an opposing dog bite attorney might use against you, and how best to refute them.
Reach a Dog Bite Lawyer
Whether you are pursuing a dog bite lawsuit or defending against one, the ramifications can be significant. Based on the jurisdiction, a successful lawsuit can result in awards that cover medical bills, lost income, loss of companionship, pain and suffering, and even punitive damages. To know which laws, damages, and defenses apply to your situation can be difficult. If you’re seeking a lawsuit involving injuries caused by a dog, contact an experienced dog bite lawyer in your area today.
Reach a qualified dog bite attorney to make sure your rights are safeguarded. The sooner after the bite occurs that you contact an attorney, the better your chances are for recovery.
Dale R. Rose
Personal Injury Lawyer
If you or someone you know has been injured in an accident, has been a victim of a workplace accident, or any other personal injury, Dale Rose is the best attorney for you in McKinney, Texas. With 25+ years of experience, Dale is committed to helping you get the compensation & justice you deserve.