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 McKinney 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.
Understanding Dog Bite Laws and Your Legal Options in McKinney, TX
Dog bites are, unfortunately, common incidents that may lead to serious physical and emotional injuries. In Texas, where the laws surrounding dog bites may be nuanced and complex, understanding your rights and legal options is crucial for protecting yourself and securing compensation after an attack. Whether you’re a victim of a dog bite or facing liability as a pet owner, hiring a McKinney dog bite attorney may make a significant difference in the outcome of your case.
Common Injuries from Dog Bites
Dog bites may range in severity, from minor scratches to life-threatening injuries. Common injuries resulting from dog attacks include:
- Puncture wounds and lacerations: These are typical in most dog bite incidents and may require stitches or reconstructive surgery.
- Infections: Dog bites introduce dangerous bacteria, such as Pasteurella, Staphylococcus, and Capnocytophaga, which may lead to complications if not treated promptly.
- Nerve damage: A deep bite may sever nerves, resulting in long-term pain or even permanent loss of sensation or mobility.
Scarring and disfigurement: Bites on the face, arms, or legs often leave lasting physical reminders that may require plastic surgery. - Emotional trauma: Victims, especially children, often suffer from anxiety, nightmares, or post-traumatic stress disorder (PTSD) following a dog attack.
Seeking immediate medical attention is critical, both for health reasons and to document the injuries for your legal claim.
When You May Have a Claim for a Dog Bite
Texas does not have a specific civil statute that outlines liability for dog bites, unlike some other states. Instead, it relies on common law principles and past legal precedents. Typically, there are two paths to pursue a claim:
- Negligence: You must prove that the dog’s owner failed to use reasonable care to prevent the bite. For example, if the owner left a gate open or did not properly leash a known aggressive dog, they may be found negligent.
- The One-Bite Rule: Texas follows a version of the “one-bite” rule. If the dog has previously bitten someone or shown signs of aggression, the owner may be strictly liable for subsequent attacks—even if they took reasonable precautions. The victim must show that the owner knew or should have known about the dog’s dangerous tendencies.
In either case, an experienced McKinney dog bite lawyer will evaluate the circumstances, gather evidence (such as medical records, witness testimony, and animal control reports), and determine the best strategy for your case.
Who May Be Held Liable for a Dog Bite?
In addition to the dog’s owner, other parties may also be held responsible for a dog bite under certain conditions:
- Property owners or landlords: If a landlord was aware of a tenant’s dangerous dog and failed to act, they may share liability.
- Dog walkers, sitters, or kennels: Individuals responsible for the dog at the time of the attack may be named in a lawsuit if they failed to control the animal.
- Parents of minors: If a child owns the dog, their parents may be held legally responsible for injuries caused by the dog.
- Business establishments: If a business allows dogs on its premises and a customer is bitten, the business may bear some responsibility, depending on the circumstances.
A qualified dog bite attorney will investigate all avenues for liability to ensure that victims are compensated fairly.
What Damages May Be Recovered?
Dog bite victims may be eligible to recover several types of damages, depending on the severity of the injuries and the long-term consequences. These include:
- Medical expenses: This covers emergency room visits, surgeries, medication, physical therapy, and ongoing medical care.
- Lost wages: If the victim is unable to work due to their injuries, they may claim compensation for lost income and reduced earning capacity.
- Pain and suffering: Emotional distress, physical pain, and reduced quality of life may be included in the compensation calculation.
- Property damage: If personal belongings (like clothing or a phone) were damaged during the incident, the cost of replacement may be claimed.
In cases where the dog owner acted with gross negligence or reckless disregard (e.g., releasing a known dangerous dog), the court may award additional damages to punish the behavior and deter others.
The Legal Process After a Dog Bite
If you decide to pursue legal action after a dog bite, it typically follows a structured process:
- Initial consultation: Meet with a dog bite attorney to evaluate your case and understand your rights.
- Investigation: Your lawyer will collect relevant evidence, including medical records, witness statements, photographs of injuries, and any prior reports of aggressive behavior involving the dog.
- Demand letter and negotiations: Your attorney may first attempt to resolve the case out of court by sending a demand letter to the responsible party’s insurance company. This letter outlines your injuries, the dog owner’s liability, and a proposed settlement amount.
- Filing a lawsuit: If settlement talks fail, your attorney may formally file a lawsuit. This initiates discovery, during which both sides exchange evidence and conduct depositions.
- Trial or settlement: Most cases settle out of court, but if necessary, your lawyer will present your case in front of a judge or jury to pursue a favorable judgment.
Having a skilled attorney ensures your case is handled professionally and your legal rights are upheld at each stage.
Time is critical in dog bite claims. Texas law imposes a two-year statute of limitations from the date of the injury to file a lawsuit. Missing this deadline may bar you from seeking any compensation, regardless of the strength of your case.
Why Legal Representation Is Essential
Dog bite claims may be more legally complicated than they seem. Insurance companies often try to reduce payouts or deny claims entirely. They may argue that the dog was provoked or that you were partially at fault for your injuries. Without legal representation, you may not receive the full compensation you deserve.
A seasoned McKinney personal injury lawyer may:
- Accurately calculate the value of your damages
- Handle all communication with insurance companies
- Identify all potentially liable parties
- Collect and present compelling evidence to support your claim
- Anticipate and counter defenses raised by the opposing side
Dog bite incidents may carry lifelong physical, emotional, and financial repercussions. Reaching out to a McKinney dog bite attorney as soon as possible ensures that your case is thoroughly assessed and your legal rights are protected.
Contact a McKinney Dog Bite Lawyer Today
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.
