08th January 2023 Sophia Hogg
Understanding the ‘One-Bite’ Rule in a Texas Dog Bite Injury Case
Dog bites are often serious, and if you’ve been the victim of a dog bite in Texas, you may be wondering what your legal rights are. Fortunately, Texas has a law that puts the burden of responsibility on the owner of the dog, referred to as the “one-bite rule.”
This rule is intended to protect individuals from dog bite injuries and hold dog owners responsible for their pet’s actions. If a dog has bitten an individual before or has shown aggressive behavior in the past, the owner may be held liable for the victim’s injuries. If you’re unsure if you have a case, reach out to a Texas dog bite lawyer to investigate your claim.
What Is the One-Bite Rule in Texas?
The one-bite rule is a rule of law that applies to dog bite injuries in Texas. This rule is generally understood to mean that a dog owner whose dog has bitten someone before should know that their dog has a “propensity to bite.” A bite after the first incident provides strong evidence that the dog owner is at fault. However, know that a dog does not necessarily have to have a history of bites to prove that the owner is aware of the dog’s aggressive behavior.
Put simply, if a person is bitten by a dog and can prove the owner knew about or should have known about the dog’s likelihood of biting someone, they may recover damages for the dog bite injury against the owner.
What Is Required to Prove Liability Under the One-Bite Rule?
The one-bite rule requires the plaintiff to provide evidence that the dog had a propensity for aggressive or violent behavior. Proving this may be difficult, as it usually requires evidence of prior aggressive or violent incidents involving the same dog. Without this evidence, it may be impossible to prove the owner was aware of the dog’s propensity for aggression and thus failed to take the necessary precautions to prevent a bite from occurring.
However, there are some types of dogs that common knowledge tells owners that their dog may become aggressive and bite and may not require a “one bite” history. Some of the most common examples are Pit Bulls, Rottweilers, German Shepherds and Chihuahua breeds of dogs.
As such, it’s crucial to have a personal injury attorney who understands how to gather and present evidence that is convincing enough for a court or judge to determine liability on behalf of the dog owner. Your lawyer should also know how to negotiate with insurance companies in order to get you the best possible settlement for your claim.
With our firm Dale R. Rose, PLLC, on your side, you’ll have an experienced and knowledgeable Texas Dog Bite lawyer who will ensure that your rights are fully protected.
What Types of Damages Are Available in a Dog Bite Case?
The damages available in a dog bite case will depend on the specific circumstances of the case, the parties involved, and the extent of the injuries. However, some of the most common damages available in a dog bite case include:
Medical expenses are those costs incurred as a result of the injury. This may include costs related to seeking treatment (such as the cost of an ER visit), any follow-up or outpatient treatment, prescription medication, and any other cost related to the injury.
If the dog bite injury caused the victim to miss work, they may be able to recover lost wages. This loss typically occurs when the injury is so severe that the victim is unable to work while they recover.
Pain and Suffering
This is a subjective damages award that is intended to compensate the victim for emotional distress as a result of the injury. Your attorney may be able to negotiate with the insurance company to get you a higher settlement amount if they can prove that your injury is more severe than what is normally expected for such an incident.
Call an Experienced Texas Dog Bite Injury Lawyer Today
If you are a victim of a dog bite in Texas, you will want to contact an experienced lawyer who understands the one-bite rule. At Dale R. Rose, PLLC, we have just that. Dale Rose is a top-rated personal injury lawyer who has been handling dog bite cases for more than 20 years. Dale knows the complexities of Texas law surrounding this issue, including the one-bite rule and how it could impact your case.
To schedule a free consultation, reach out to us today at (972) 634-ROSE (7673) or fill out our contact form. We look forward to working with you soon.
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.