Bitten by a Dog? How Your State’s One-Bite Law May Help or Hurt Your Claim

Austin is one of the dog-friendly communities in the United States. Nevertheless, canines can occasionally be unpredictable. There is a good possibility a dog will bite or attack if it feels threatened. Hundreds of dog attacks are reported annually in Austin. Dog bites can cause serious injuries. Dog strikes and attacks can occasionally be fatal.

Have you been bitten by a dog in Austin and suffered an injury? You may qualify for compensation from the dog’s owner. Personal injury attorneys from Law Office of Matthew Shrum, can assist you. Contact our dog bite lawyer in Austin immediately to schedule a free consultation. We will evaluate your case and explain your legal options when you contact us.

Where Are Most Dog Bites Occurring Near Me?

Dog attacks can occur on private property, public parks, and even the sidewalk. Nonetheless, dog attacks in public are relatively rare. The overwhelming majority of dog attacks occur at the dog’s residence.

Who Gets Bitten by a Dog?

Typically, more children than adults are bitten by dogs. When provoked or threatened, dogs tend to take a defensive posture. Children, particularly very young children, do not always comprehend how to interact with animals safely or how to behave around them. Additionally, they may not understand that their actions will elicit a response from a dog. Thus, a child may steal a dog’s food, yank its tail, or taunt the animal. Some canines may defend themselves by biting the child. This may help explain why minors are typically the victims of more dog attacks than adults.

Does Texas Have a Rule of One Bite?

In certain jurisdictions, a dog owner can be held liable for any injuries caused by a dog bite, regardless of the dog’s history of aggression. Others, including the state of Texas, argue that an owner is not inherently responsible for a dog’s aggressive behavior the first time it occurs. Instead, under the one-bite rule, an owner is only liable if they knew their dog had hazardous or vicious propensities.

In other words, the proprietor can avoid liability for the first bite the dog gives. The owner must attempt to prevent this from happening again after learning that the dog has a propensity to bite. If they fail and the dog bites another person, the proprietor may be liable for injuries and damages.

Austin Dog Bite Cases: Negligence vs. Strict Liability

You may be eligible for compensation if a dog bite in the Austin area has injured you. Your dog bite lawsuit can be filed in one of two methods. You may choose either negligence or strict liability as the basis for your case.

If the dog owner’s negligence contributed to the assault, they may be liable for injuries caused by dog bites.

Owners are obligated to limit the potential harm their dog could cause others. They may be negligent if an owner fails to control their dog, confine it to a fenced yard, or secure it with a rope. When this negligence contributes significantly to an injury or attack, the proprietor may be at fault and liable for damages.

Strict Liability

Owners may also be held strictly liable for injuries their dog causes. Strict liability exists even when dog owners take precautions to control their animals and protect others. The victim need not prove the owner’s negligence. Instead, the victim only needs to demonstrate:

  • They were injured due to a dog bite or attack
  • The dog’s owner knew or should have known about the dog’s history or propensity to be vicious

If a dog has attacked or been violent in the past, the proprietor may be held strictly liable for all subsequent attacks. It is essential to remember that your ability to recover compensation may be limited if you provoked the dog or contributed to your injury. If the dog bite victim is a young infant, these exceptions may not apply.

Available Compensation for Dog Bites

Dog strikes can cause substantial harm. Numerous ailments necessitate extensive and pricey medical care. Some injuries are so severe that they require victims to miss significant time from employment. Others cause victims to be unable to work in the same capacity again due to disabilities or emotional distress. Fortunately, dog owners can be held personally liable for these costs (and others).

When you file a lawsuit for a dog bite, you may be entitled to compensation for the following:

  • Medical expenses
  • Lost wages and income
  • Disability
  • Loss of enjoyment of life
  • Emotional distress
  • Chronic pain
  • Suffering, and more.

Injuries Caused by Dog Bites

We are here to assist you in obtaining compensation for all of your dog bite injuries, including, but not limited to, broken bones, lacerations, soft tissue damage, infection, paralysis, amputation and wrongful death.

Austin Dog Bite Lawsuit Statute of Limitations.

You will only have a limited time to file a dog bite lawsuit. All cases involving personal injury in Texas are subject to a strict statute of limitations. Generally speaking, you will have two years from the date of the dog attack to submit your claim. If you delay too long, your right to compensation from the dog’s owner will stay active.

This right can be protected by contacting an experienced dog bite lawyer in Austin for assistance promptly following a dog attack.