Irving Dog Bite Lawyer
Dog bite injuries are more common and more serious than you might think. The Center for Disease Control estimates that roughly one out of every five people bitten by dogs require medical treatment.
If you or a loved one were injured due to a dangerous dog or animal, you may be eligible to recover compensation for damages. An Irving dog bite lawyer could review your claim and advise you on your available legal options moving forward. With the help of a knowledgeable personal injury attorney, you may be eligible to recover compensation for damages such as pain and suffering, loss of enjoyment of life, mental anguish, and loss of consortium.
Negligence Claims Against Dog Owners
Those who have been injured due to a dangerous animal in Irving may be able to pursue compensation for their damages against the dog’s owner. Depending on the circumstances, an injured party may bring a negligence claim or a strict liability claim.
Texas is one of few states that has not enacted a “dog bite statute,” which specifically addresses when a dog owner would be liable. Instead, the state follows the one-bite rule, a negligence concept. Negligence occurs when someone commits an unintentional tort, resulting in harm to another person. Unintentional torts, or civil wrongs, may be committed through a device that is under someone’s control, such as driving a vehicle, or in this case, a pet.
To hold a defendant liable for negligence, the plaintiff’s Irving dog bite lawyer must prove that the defendant breached a duty of care owed to the victim. The one-bite rule puts the dog owner on notice that their dog is potentially dangerous, and thus, they have a duty to prevent unreasonable risk of harm to others that the dog encounters.
To be held liable for dog bite injuries in a negligence case, the plaintiff’s attorney is required to prove that the dog owner knew that their dog had acted with aggression or bit someone in the past, or that the dog owner failed to use reasonable care to prevent the dog bite from resulting.
Strict Liability Claims Against Pet Owners
Strict liability allows dog bite victims to hold dog owners liable without having to prove the one-bite rule or that the dog owner failed to use reasonable care. Strict liability offenses are enacted by courts to hold defendants accountable for conduct that is considered so dangerous or egregious that if someone commits it, they are presumed liable for the consequences.
In the State of Texas, if a dog is considered dangerous or vicious, and they bite another person causing them injuries, the pet’s owner could be held strictly liable. Whether the animal is considered dangerous or vicious varies from case to case, but evidence of previous bites or acts of aggression could be used by the court to designate a dog as dangerous and hold their owner strictly liable.
Filing Deadlines for Filing a Dog Bite Claim in Irving
There are certain filing deadlines that dog bite plaintiffs have to meet in order to bring their case in court. The statute of limitations is a time limit placed on a plaintiff’s ability to bring a lawsuit. These limitations vary in time, depending on the type of cause of action.
Texas Civil Practice & Remedies Code §16.003 sets the statute of limitations for personal injury cases. Plaintiffs must file their claim within two years of suffering the dog bite injury in order to recover economic, noneconomic, or property damages in court. Failure to file on time would result in relinquishing the right to sue.
Contact an Irving Dog Bite Attorney Today
If you suffered from a dog bite injury, you have legal options. You may be eligible to recover compensation for damages. An experienced Irving dog bite lawyer might be able to help. They could look into your case and help you plan for your claim for recovery. They could stand by you throughout the process, fighting for your case, and keep you informed every step of the way.
Call today to start your journey toward legal relief.