While many of us regard a dog as a best friend and companion, we may find that their bite is actually worse than their bark. When this happens, you may have to discuss the injuries you have received with a personal injury attorney.
A “One-Bite Rule” State
Unlike many other states in the US, Texas does not have a law in force that specifically covers an owner’s civil liability for dog bites. Instead, the state takes the legal stance that it is a “negligence rule” or “one-bite rule” state in these kinds of personal injury cases.
So, in a typical claim for dog bite, a dog bite attorney in Killeen, TX must show that a dog’s owner knew his dog behaved aggressively or had bitten another person in the past. Therefore, the attorney must prove that the owner was negligent by failing to use a reasonable amount of care to prevent the bite or control their dog. And as a result, the injured claimant was bitten.
A Case in Point
According to dog bite attorney firms, the negligence rule in Texas also applies to other injuries caused by canines. For instance, if a large dog jumps on an individual and knocks them to the ground causing injury, the person can file for damages against the owner of the dog. Once more, the plaintiff must show that the dog’s owner failed to execute reasonable care to prevent the incident.
A dog bite attorney will assist a claimant in proving their case by showing how reasonable care was not taken. For example, restraining a dog behind a fence or keeping them on a lead are both examples of reasonable care by a dog owner.
Although the negligence rule applies to the majority of dog bite cases, courts in Texas will apply a strict liability ruling in instances where the dog is dangerous, vicious or mischievous. Therefore, a victim can prove liability by proving the nature of the dog’s temperament. So, if you feel you have a valid claim in this respect, visit the website of a legal specialist who handles personal injury cases that cover dog bites.
