When you or your child is bitten or otherwise harmed by someone else’s dog, you have the right to compensation. However, unlike other states, the owner’s liability is not automatic, and you must prove the pet owner’s negligence caused the incident in most cases.
Dog bite liability in Colleyville can be confusing and getting it right is important if you are to obtain maximum compensation. Talk to a local dog bite lawyer at Aulsbrook Car & Truck Wreck Injury Lawyers about pursuing a claim for compensation.
One Bite Rule
Most states have explicit laws stating a dog owner’s responsibility when their animal hurts someone. Texas does not. Instead, courts follow the traditional one-bite rule.
The one-bite rule means that an owner has no liability if they did not know their dog was aggressive or reactive. The first time a dog bites, the owner might escape responsibility if there were no prior indications the dog would react that way.
However, if the dog acted aggressively in the past, a skilled Colleyville attorney could argue that the owner had prior awareness that the dog had a problematic temperament, which could help establish liability for the bite. When a dog has previously bitten someone or the owner knows the dog can be aggressive, they are strictly liable for any harm the dog causes. Strict liability means the owner is responsible even if they did all they could to prevent the attack.
For a free legal consultation, call (817) 775-5364
Negligent Dog Handling Can Lead to Liability
When a dog has not been aggressive in the past, the owner could still be responsible for a bite if they acted negligently. A negligent owner is one who does not take reasonable steps to prevent the dog from causing injuries to others.
Breaking the law is one indicator of negligence. The city has a leash law, so an owner who allows their dog to run free is negligent. Even if a dog is leashed, an owner could still be negligent if they do not maintain adequate control to prevent it from biting or knocking someone over.
A Colleyville attorney could gather evidence of the owner’s liability after a dog attack. They could speak to neighbors and others who had regular contact with the animal to learn about the dog’s normal behavior.
An Injured Person’s Conduct Can Be an Issue in Dog Bite Claims
There are defenses a dog owner can present when the injured party of an attack asserts a claim against them. Many of the defenses have to do with the individual’s conduct.
Texas Civil Practice and Remedies Code § 33.001 states that an injured party cannot collect compensation if they are more than 50 percent responsible for an attack. An individual injured from a dog bite might be partially liable if they played rough with the animal, ignored the dog’s warnings, or if the dog might have perceived their behavior toward its owner as threatening. A Colleyville attorney could help establish liability by presenting evidence that the injured person’s behavior did not justify the dog’s reaction to bite them.
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Work With a Colleyville Attorney To Hold an Owner Liable for a Dog Bite
When a dog bites you or your child, you could seek compensation from its owner. However, establishing dog bite liability in Colleyville requires legal knowledge and skill.
Consult a local lawyer from our firm about holding a dog owner responsible for a bite. Our lawyers could help you to understand your best legal options.
Call (817) 775-5364 or complete a Free Case Evaluation form
