People who have suffered injuries following a dog bite or attack in Euless may be unsure of what to next. Fortunately, those who have been injured due to the negligent actions of a pet owner has legal options. There are laws that protect victims of a dog bite or animal attacks. Dog owners have an obligation to keep their pets under control.
The State of Texas is a one-bite rule state. This can limit many plaintiffs’ ability to demand payment following an attack and can discourage some victims from coming forward. Although this can be a powerful defense, pet owners who have knowledge of their dog’s ability to cause damage and still allow an animal to attack are liable for all resulting injuries.
A Euless dog bite lawyer may be able to help to pursue a claim. A seasoned personal injury lawyer could work to investigate the animal’s past, to determine what the owner knew or should have known, and to demand proper compensation for all a plaintiff’s losses.
One-Bite Rules in Euless Dog Bite Cases
Unlike many other states that have adopted special laws that allow an injured individual to bring a claim after any attack, Euless plaintiffs must still fulfill the elements of the one-bite rule.
The Texas Supreme Court case of Marshall v. Ranne, 511 SW 2d 255 (Tex. S.C. 1974) provides guidance as to when a dog owner is liable for an attack. In short, this case requires a plaintiff to prove that the owner of the animal knew or should have known about the animal’s violent tendencies prior to an attack. This evidence may consist of:
- A prior recorded attack against a person or animal
- The classification by a government entity that the animal is dangerous
- Local laws that may indicate members of a specific species to be per se dangerous, such as pit bulls
A skilled Euless dog bite lawyer may be able to help plaintiffs to gather proof that the owner violated their duty to keep a dangerous animal under control.
For a free legal consultation, call (817) 775-5364
Demonstrating Negligence Following an Attack
Proving that the dog’s owner knew that the animal had violent tendencies is only part of a claim for damages following an attack. The plaintiff’s attorney must also be able to show that specific failures on the part of the owner allowed the attack to happen. In short, a dog bite claim must also prove that the owner was negligent.
An owner of a violent animal may be negligent in many ways. Perhaps the most obvious is allowing that animal to escape owner control in public. Local leash laws require all dog owners to keep their animals under control for this very reason, and an owner who violates this law is certainly negligent.
Cases can become more complicated if an attack occurs on an owner’s property. Animals have the right to defend their territory, and a defendant may argue that the plaintiff was trespassing or was teasing or provoking the animal. In these cases, it is necessary to prove that a plaintiff had permission to be on the land and that the owner did not take proper steps to cage or control the dog. Due to the complexities of animal attack cases, it is best to seek help from a Euless dog bite lawyer who could help to gather the necessary evidence to prove owner negligence.
Euless Dog Bite Lawyer Near Me (817) 775-5364
Retain the Services of a Euless Dog Bite Attorney Today
Dog owners must always take appropriate steps to keep their animals under control. Despite this general concept under the law, an attack does not always mean that an owner is liable under the law. Texas law states that dog owners are not liable for accidental attacks unless they had previous knowledge of the animal’s dangerous nature. Even if an attack occurs in public, plaintiffs must be able to defeat this one-bite rule to collect compensation.
A Euless dog bite lawyer may be able to help. They can work with you to explain the laws that govern dog bite liability. They can also take the necessary steps to investigate the animal’s past, to discover what the owner knew of that past, and to defeat any possible allegations of your teasing or otherwise taunting the animal leading to the bite. A successful claim can collect compensation for lost wages, medical bills, and emotional trauma. Let a Euless dog bite attorney take the lead in your claim today.
Call (817) 775-5364 or complete a Free Case Evaluation form