A local dog bite lawyer can tell you whether you have a legal claim, determine the scope of your liability, the types of defenses that may be available, the legal and financial implications of your dog bite case.
What Options Do I Have If I Am Injured By A Dog?
If someone's dog bites you, you have a few options. You might begin by filing an insurance claim with the dog owner's insurance company. Most homeowner's insurance plans will cover a dog bite that occurs on the insured's property, and many policies will also cover a bite outside the property if the dog is owned or kept on the property.
Personal injury law firms for dog bite attorneys can assist you in dealing with the insurance company and negotiating a reasonable payment using their knowledge and experience.
You can also bring a lawsuit for damages against the dog's owner or caretaker. Other dog-related injuries, not merely dog bites, are covered under some state statutes.
Dog bite lawyer Texas is crucial in these cases because they are familiar with the applicable laws in your state, how to calculate damages, and how to present evidence successfully.
Proving Liability In A Dog Bite Claim
Your state’s law and the strength of your case will determine whether you may hold someone accountable for your dog bite injuries. The conventional common law "one-bite" rule applies in some areas, which holds the owner liable only if they knew or had cause to know their dog was dangerous, such as if the dog has previously bitten someone.
Approximately half of the states have laws imposing strict liability on dog owners, requiring the wounded person to establish that their damage was caused by a dog bite while they were in a legal place to be, regardless of the owner's precautions.
According to several dog bite and carelessness statutes, the owner owes it to others to safeguard them from injury caused by their dog. Guests, workers on their property, and individuals in public places are all included.
Owners must follow local leash rules and statutes that impose responsibility for persons who possess particularly dangerous animals or specific types of dogs.
Anyone other than the dog's owner may be held responsible for injuries in some areas. Parents of a dog-owning minor, animal caretakers (such as dog sitters or a kennel), landlords, and the property owner could all be held liable in certain circumstances.
Common Defense In A Dog Bite Claim
The various defenses that law firms for dog bite might use against you in a dog bite case can vary depending on your state's laws, but here are some frequent arguments that an opposing dog bite attorney might make:
While trespassers have some legal protections, your state's dog bite regulations may require you to establish that you were bitten while lawfully allowed to be there. A person will not sue for damages if they are bitten by a dog while trespassing under those conditions. Dog bite lawyer Texas has the skills, experience, and knowledge required to prove trespassing in dog bite claims.
Another typical defense is that the injured person provoked the dog before the bite, such as teasing or cornering the dog and threatening the dog with an aggressive gesture.
Assumption Of Risk Or Negligence
The dog's owner may argue that you are at least somewhat to blame for your injuries in some situations. For example, if the owner offered proper warnings about their dog and ignored those warnings, your right to seek damages may be limited or eliminated.
Whether you're pursuing or defending a dog bite case, the implications can be devastating. A successful claim might result in compensation covering medical expenditures, lost income, loss of companionship, pain, suffering, and even punitive damages, depending on the jurisdiction. It can be tough to determine which laws, damages, and defenses apply to your circumstance. So, it's better to contact an experienced Dallas Personal Injury Lawyer in your region today if you're dealing with a lawsuit concerning injuries caused by a dog.