Houston Dog Bite Attorney

Common causes for dog attacks in Texas

Dog bites can happen for a variety of reasons, but some causes are more common than others. More often than not, because responsible dog owners keep their dogs confined to their property and are responsible for their behavior, dog attacks are committed by dangerous, aggressive, or public nuisance dogs. Texas officially recognizes these three categories of dogs that might apply in dog bite cases:

• Dangerous dogs have previously attacked or attempted to attack someone without provocation. Owners of dangerous dogs in Texas must follow strict guidelines, like keeping the dog in a secure enclosure and carrying liability insurance — if they don’t, they may be liable for the damage their dogs cause. 
• Aggressive dogs are considered so if they bite, assault, or otherwise attack a person,  have displayed aggressive tendencies that cause a person of normal sensibilities to fear the dog will attack, have interfered with the freedom of movement of persons in a public right-of-way, or a peace officer or animal control officer believes the dog has a dangerous disposition.
• Public nuisance dogs are declared so if they damage property, continually bark or howl (to the degree that it interferes with enjoyment of life), attack domestic animals, or are otherwise a danger to public safety and welfare. 

If the dog in question in your dog bite claim is considered dangerous, aggressive, or a public nuisance, it will be much easier for your attorney to prove that the owner’s negligence contributed to your injury, and therefore you will have a better chance of getting compensation. 

What is the one dog bite rule in Texas?

Texas follows what is known as the “one bite rule.” Essentially, the one bite rule means that a dog owner may only be held liable for a dog bite if they knew, or should have known, that their dog had the potential to be aggressive or had previously bitten someone. 

While the one bite rule can make dog bite cases challenging, it does not mean dog owners are exempt from liability — and it illustrates the importance of known dangerous, aggressive, or public nuisance dogs. If an owner is aware for any reason of their dog’s aggressive tendencies, or if the dog has previously bitten someone, the owner can be held accountable for failing to prevent the attack.

The one bite rule is essential in dog bite cases in Texas, as it can affect the evidence and will dictate the arguments your attorney needs to build a successful case. Because proving that an owner knew about the possibility of their dog behaving aggressively is not always easy, having a knowledgeable Houston dog bite attorney on your side can make all the difference in the outcome of your dog bite claim. 

What happens when you report a dog bite in Texas?

Other than hiring a talented attorney who can help you bring a dog bite case against the dog’s owner, a few other things happen when you report a dog bite. Reporting a dog bite is crucial for both legal and public safety reasons and typically involves the following steps:

1. Animal control will investigate. When a dog bite is reported, local animal control authorities will investigate the incident. They may assess whether the dog has a history of aggressive behavior and determine whether the dog should be classified as dangerous or a public nuisance, which can help you and your attorney in your civil claim. 
2. Dog’s health evaluation. Animal control will also evaluate whether the dog poses a rabies risk. The dog may be quarantined to ensure it is healthy and does not pose a further health risk.
3. Owner accountability. Based on the findings, the dog owner may face penalties, fines, or be required to take specific measures to prevent future attacks. If the owner is found to have violated Texas law regarding dangerous dogs, it may again strengthen your dog bite case.

Don’t wait until after dealings with animal control and criminal penalties have been resolved to contact a dog bite lawyer and file your case. After seeking immediate medical attention for your injuries, you should contact a lawyer before you do anything else. 

How long do I have to file my dog bite claim in Texas?

Dog bite cases work similarly to all other personal injury claims in Texas, which means that you will typically have two years from the date of the dog bite to file your personal injury claim. If you miss this deadline, you will likely lose your right to pursue compensation for your injuries.

Furthermore, the longer that you wait to file your personal injury claim, even within the statute of limitations, the less chance you have of getting fair compensation. In personal injury claims, evidence deteriorates quickly, and every passing moment might mean new hurdles for your Houston personal injury lawyer to deal with in building you a solid case. 

This is why you need to move fast. Whether you’ve been involved in a car accident in Houston or have a family member who was injured in a chemical plant explosion, the clock starts ticking once a person has been injured, and the faster you act, the better. 

Common injuries in dog bite claims

Dog bites can result in a wide range of injuries, depending on the severity of the attack. Some of the most common injuries in dog bite cases include:

• Puncture wounds and lacerations. Dog teeth can cause deep puncture wounds that are painful and susceptible to infection.
• Nerve damage. Severe bites can cause nerve damage, leading to long-term pain, weakness, or even paralysis in the affected area.
• Fractures. Large or strong dogs can break bones in the hands, arms, or legs during an attack.
• Scarring and disfigurement. Facial injuries and deep wounds often result in permanent scarring, which can have lasting physical and emotional effects.
• Infections and diseases. Dog bites can expose victims to serious infections, such as rabies, MRSA, and tetanus, requiring extensive medical treatment.

No matter how minor your injuries are after a dog bite, you should seek medical attention immediately. In dog bite cases, despite the potential for grievous injuries, the most significant damage done is often psychological — this isn’t to say that your injuries are less serious, but that the trauma caused by these events shouldn’t be understated by you or in a court of law. 

How much can you sue for a dog bite in Texas?

Compensation for dog bite cases can vary wildly depending on the circumstances of your case. While initial injuries may only warrant a few thousand dollars for medical bills, it’s impossible to put a number on the ongoing trauma that will likely impact your quality of life moving forward. Your attorney will pursue compensation for:

• Medical expenses. These can include emergency care, surgeries, medications, physical therapy, and any ongoing medical treatment.
• Lost wages. If your injuries prevent you from working, you may be able to recover lost wages.
• Pain and suffering. Physical pain, emotional distress, and psychological trauma are often considered in the damages awarded in dog bite cases.
• Punitive damages. In cases where the dog owner’s behavior was particularly reckless or negligent, you may be awarded punitive damages to penalize the owner and prevent similar incidents.

How can your attorney prove that the dog owner owes you damages?

Proving liability in a dog bite case can be surprisingly difficult, but it often involves evidence showing that the dog owner’s actions (or inaction) contributed to the attack. Some strategies that your dog bite lawyer might employ include:

1. Establishing the dog's aggressive history. Evidence such as past complaints, witness testimony, or animal control reports may demonstrate that the dog had a history of aggressive behavior.
2. Documenting the owner’s negligence. If the owner failed to properly secure the dog, disregarded leash laws, or ignored training needs, these factors can be used to establish negligence.
3. Showing that the attack was unprovoked. Texas law requires that the attack must be unprovoked. If you were simply walking or minding your business, your attorney can demonstrate that you did not instigate the attack.
4. Presenting medical documentation. Because the impact of your injuries likely goes far beyond your initial medical bills, an attorney who knows how far-reaching the damage from trauma and injuries can be is essential. 

Working with an experienced personal injury lawyer can make it much easier to gather and present the necessary evidence and, maybe more importantly, can give you the time that you need to focus on healing.

Get the help you need with the Houston dog bite lawyers at Calderon Law Firm

If you or a loved one has been injured in a dog attack, the dedicated legal team at Calderon Law Firm is here to help. Our experienced dog bite attorneys in Houston understand the unique challenges dog bite victims face, as well as how to communicate them to the court, and are committed to securing justice for you. 

From gathering evidence to negotiating with insurance companies and representing you in court, we will handle every aspect of your claim so that you can focus on what matters most: your recovery.

Whether you need an attorney for a dog bite claim or a Houston work injury lawyer for injuries suffered on the job, Jose Calderon and the attorneys at Calderon Law Firm are here. Call Calderon Law Firm at (346) 999-5673 or contact us online today to schedule a free consultation and seek justice.