Dog attacks are often traumatic and often leave victims physically and emotionally scarred for life. Most commonly, they occur when a dog bites, but an aggressive dog can also knock a person down and seriously hurt them. Many of the almost 5 million dog attacks in the United States involve child victims. Texas has more dog attacks and dog attack fatalities than any other state.
Our experienced attorneys at Burress Injury Law understand how traumatic and painful it can be to be a victim of a dog bite or other attack. We also know why it is important for victims to work with a qualified Prosper dog bite lawyer who fully understands the law and how to obtain maximum financial compensation while remaining compassionate. A well-qualified Prosper dog attack attorney can help you seek financial compensation for all your economic and non-economic damages. Economic damages can include past and future medical expenses and lost wages. Non-economic damages can include pain, physical impairment, mental anguish, disfigurement and loss of consortium.
Texas law on dog bites
The first thing to consider is how the “one bite rule” is applied in Texas. Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974). Essentially, an owner or custodian of a domestic animal (such as a dog) who has no idea that they have a dangerous dog will not automatically be liable for the first bite. However, this can establish a history for the dog, resulting in responsibility for a second bite. In other words, the owner can no longer claim that they did not know the injury was going to occur. In Lewis v. Great Southwestern Corp., 473 S.W.2d 228 (Tex. Civ. App. – Fort Worth 1971, ref’d n.r.e.), the court expanded the rule, holding: “The owner of a dog is not liable for injuries caused by it, unless it is vicious and knowledge or constructive notice of that fact is shown or brought home to the owner.” When a dog owner or person with custody of the dog fails to use reasonable care to control the dog or prevent the bite (such as not properly restraining the dog), they can be liable for negligence. A Prosper dog attack lawyer will help you sort through your options and consider the specifics of your case, but this may mean that you can seek compensation even if this was the first bite.
The next thing to know about dog attacks are that there is a two-year statute of limitations on your legal claim. As your Prosper dog bite attorney will tell you, you have 24 months to file suit and make reasonable efforts to serve the lawsuit on the defendant. It is best to retain a qualified dog attack attorney quickly after the incident occurs so the attorney can gather evidence and build the claim so that your claim has the best percentage chance of being resolved for full value without the need for filing a lawsuit.
How to establish liability
Three common ways your Prosper dog bite attorney can prove the dog owner was negligent include: (1) the dog owner failed to properly restrain the dog; (2) the dog had already bitten someone; or (3) if Animal Control had previously had an encounter with the dog and declared it a dangerous animal. Violating an animal control law can be proof of negligence or negligence per se to hold the violator (and his or her insurance company) responsible for the victim’s damages. To prevail on a claim, the victim alleging negligence per se must show that there was a violation of a statute or an ordinance. See Moughon v. Wolf, 576 S.W.2d 603, 603 (Tex. 1978) (citing Missouri Pac. R.R. v. American Statesman, 552 S.W.2d 99, 102 (Tex. 1977)). The victim must also prove that the violation was the cause of his or her injuries. Searcy v. Brown, 607 S.W.2d 937 (Tex: Court of Civil Appeals, 1980).
If you have been injured, your Prosper dog bite lawyer can identify all available insurance policies providing coverage for your damages, in addition to other sources of financial recovery.
Additionally, a best rated Prosper dog attack law firm can help its clients receive excellent medical treatment from specialists including plastic surgeons and wound care specialists without any up front payments for these medical expenses.
Receiving help from an experienced Prosper dog attack attorney
Getting bitten by a dog is a traumatic experience that can lead to serious pain and discomfort, infection, permanent scarring and disfiguration, and many other complications. Dog attack victims deserve full financial compensation for all their harms and losses. Entrusting the claim with an experienced team of Prosper dog attack attorneys will help achieve and it can help to work with an experienced lawyer who understands this process. Here at Burress Injury Law, we win 99.9% of our cases and we have 20+ years of experience. Below are some of the awards that we have won over this time:
● Best Personal Injury Lawyer, D Magazine – 5 consecutive years
● Best Law Firm, McKinney Magazine ‒ 6-time recipient
● Best Personal Injury Attorney, McKinney Courier-Gazette ‒ 3 consecutive years
● Best Attorney, McKinney/Allen Living Magazine ‒ 3-time selection
● Elite Lawyer 2019 ‒ Present
● Texas Lawyer ‒ 7th Largest Motor Vehicle Verdict in Texas
● Rising Stars (Personal Injury Law), Texas Monthly/Thomson Reuters ‒ 7-time recipient (less than 2.5% of Texas attorneys receive this honor)
● Texas Super Lawyer, Personal Injury Law ‒ 2017-present (less than 5% of Texas attorneys receive this honor)
● Perfect A+ Better Business Bureau Rating
● Perfect 10.0 Avvo Rating
● AV Rated (highest rating under Martindale-Hubbell)
If you are looking to work with a Prosper dog bite attorney, our team is here for you. Please do not hesitate to call us now at 214-726-0016 to set up a consultation.