Dog Bite Attorney in Houston

Aid and Justice for Dog Bite Victims

Dogs are part of American life, especially in Texas, which means that dog attacks must be part of our lives as well. Texas has had some of the nation’s highest rates of dog bite injuries and fatalities. And in recent years, Houston mail carriers have reported the most dog bites out of any city in the US.

A dog attack can cause serious injuries to humans and animals alike: not just lacerations but muscle damage, permanent mutilation, even amputation or death. Naturally, dog bite cases often involve high emotions on both sides, and owners may refuse to cooperate with dog attack victims. A Houston dog bite lawyer knows how to help you defend your rights and get the compensation you need.

What Are the Dangers of a Dog Attack?

Common dog bite injuries pose a greater health risk than many people realize. Disability and death are distinct possibilities after a severe dog bite. It may result in:

• Mutilation from lacerations and loss of skin or muscle tissue
• Loss of mobility or function due to destroyed tissue and nerve damage
• Amputation of fingers, toes, or limbs due to bacterial infection or destruction of tissue from crush injuries
• Death from systemic bacterial infection or blood loss

Bacteria from a dog’s mouth can penetrate deep into tissue during bites, leading to infections that can destroy muscle and bone or even cause life-threatening sepsis. Dog bites can also introduce the bacteria that cause tetanus, a potentially deadly disease. And anyone bitten by a dog without a documented rabies vaccination must get their own rabies shot immediately, as rabies has a mortality rate of nearly 100 percent.

Who Is at the Greatest Risk of Dog Attacks?

In the US, most dog bite victims are children. According to the American Veterinary Medical Association, half of dog bite cases involve children younger than twelve. Children do not always recognize aggressive behavior in dogs. For their part, dogs do not always understand that children are not prey or that bites can hurt or kill them. When negligent dog owners raise and keep dogs, especially breeds with strong jaws or high prey drives, they can pose a serious danger to children in the vicinity.

Senior citizens also face an elevated danger of catastrophic injuries or death from dog attacks. Older adults cannot always recover from physical injuries as well or as quickly as younger adults, and they are more likely to break bones if they fall. Some seniors have had to bring personal injury claims because dogs caused them to trip and fall, causing serious fractures.

Dangerous dogs also pose major threats to other dogs and smaller domestic animals: cats, birds, fowl, and exotic pets. Even livestock are in danger from large dogs or packs. Immediate veterinary care can save many animal victims of dog attacks, but for small or delicate pets, it may not be enough.

What Kind of Damages Are Available for Texas Dog Bite Victims?

An injured person or their close family members, if they have died, can file a dog bite claim against a dog’s owner and, in some situations, their landlord. Survivors may be able to recover damages (compensation) for:

• Medical bills, which can include reconstructive surgery, physical rehabilitation, and even fees to travel for care
• Mobility aids such as walkers or wheelchairs
• Home health care, including assistance from aides
• Prescription and over-the-counter medication costs
• Lost wages and income, as well as any lost future earning potential
• Property damages for animals attacked by dogs: veterinary bills and/or replacement costs
• Compensation for a human survivor’s emotional distress and physical pain, known as non-economic damages

Close relatives of a dog attack victim may be able to file a lawsuit if their loved one dies. The estate of the deceased person can bring a survival action, pursuing the same personal injury claim that they would have if they were alive.

In Texas, the parent, child, widow, or widower also has the right to bring a wrongful death claim when their relative died from an injury. These relatives can sue for damages for what they themselves have lost from the victim’s death, which can include:

• Funeral and burial costs
• Loss of their relative’s economic contributions
• Non-economic damages for loss of a child’s companionship, loss of a parent’s guidance, emotional distress as a bystander, and other psychological trauma

(Pet owners should note that, according to the Supreme Court of Texas, it is not yet possible to bring a “wrongful death” claim for loss of companionship after a dog attack kills an animal.)

What Are the Grounds for a Dog Bite Lawsuit in Texas?

In Texas, there are two possible grounds for filing a personal injury claim against an owner or a landlord. Each depends on how the dog attack happened and whether the defendant, the owner, or the landlord knew about the risks of the dog’s behavior beforehand.

Negligent Dog Owner Claims or Landlord Claims

The first possible ground for a suit is negligence. A dog’s owner has to take reasonable care to keep others safe from it, even if it has no history of biting, and understand its behavior. They must obey leash laws and local safety ordinances. They must also understand when the dog is more likely to bite: if, for example, it is stressed or has newborn puppies. An owner may be legally responsible for paying damages (compensation) when a dog bites under these circumstances.

In a common area, such as the grounds of an apartment complex, a landlord can sometimes be held responsible for injuries from concealed, dangerous conditions that they knew about. A dangerous dog may be one of those conditions.

The “One Bite Rule”: Strict Liability

The second possible ground for a dog bite claim is strict liability. This is often called the “one bite rule,” although it does not take a literal bite to trigger it.

Once a dog has shown “dangerous propensities” — biting, snarling, or otherwise threatening — a Texas owner can be held strictly liable for any further attacks by the same dog. Strict liability means that it will not matter whether the owner took reasonable precautions to keep the dog safe. They may owe the injured person damages regardless.

When Can Dog Owners Defend Against Paying Claims?

After a dog bite incident, an owner can raise several defenses against a claim of negligence. They may assert that they did take reasonable care to keep the dog safe, and the injured person defeated those precautions. They can also claim that the injured person provoked the dog, taunting it or playing roughly with it.

When an owner has evidence to back up these arguments, a person suing on the grounds of negligence may lose part of their compensation claim, or even the right to any claim. But if the person bitten was a child, the law makes it harder to show that they were negligent, or not possible at all.

Additionally, it is very difficult to sue a Texas property owner over an open and obvious hazard, or one that the owner posted warnings about. If the dog bite incident took place on the owner’s or landlord’s property, the defendant can argue that the dog was an obvious hazard and that the victim should have stayed away. A social guest on a property or a trespasser may have no right to bring a negligence claim, especially if the owner gave clear warnings about the dangerous dog.

How Do Texas Dog Bite Lawyers Handle Claims?

The first step for a Houston dog bite lawyer is to listen to their client’s story and analyze it, determining how the victim got their dog bite injuries and who might be responsible. They will then gather evidence surrounding the dog bite incident, either through personal research or through private investigators, to learn about the property and dog owners involved.

An insurance company will often handle claims arising from dog bites, especially for attacks taking place on other people’s property. Insurers will make it challenging for any dog bite victim to prove liability against them. That usually means taking the side of the dog owner or landlord that has a policy with them, but they may also look for a way to claim that their insurance coverage does not apply to the situation at all.

An experienced personal injury attorney battles pressure from insurance companies with every case. They know how to make their own report on a dog bite case, presenting the strongest evidence with the claim for damages that their client truly needs. And if the insurer will not come to terms, they can fight for their client in court.

Tenacious and Compassionate Counsel for Your Dog Bite Case

Jarrett Law Firm, PLLC, offers strong and honest representation for dog bite victims and their families. If you or your family member has been attacked by a dog in Houston, call Attorney LaToya Jarrett at 346-683-2240.

Make your appointment for a free consultation as soon as you can. The statute of limitations may be in danger of running out on your case, and the sooner you start your legal process, the better.