Proving Liability After a Dog BiteLast updated on: June 17, 2014
In Texas when you’re bit by somebody else’s dog it can cause pretty serious injuries, but just because a dog bites you doesn’t always mean that the homeowner can be found liable for your injuries. What we have to look at is how is that party or the dog owner going to be held liable?
For example, if you were breaking into somebody’s house and their guard dog attacks you, you wouldn’t think that you have a claim. It’s not the case that in all instances you can recover. Texas in most circumstances follows three potential courses for finding liability.
One is that the dog is a dangerous dog, okay. This is generally defined by a local ordinance. In every city or county they have a procedure to declare a dog dangerous. Most of the time it boils down to whether the dog has bit or scratched another dog or a person in the past. Particularly if there’s a prior reported bit incident, they’re usually going to be determined to be a dangerous dog. In that case, the owner is going to be liable under most circumstances for your bite.
The other is a finding of negligence per se. That means that the dog owner violated some sort of ordinance or statute regarding the dog. That usually means a leash law. Of course the violation has to have caused your injuries. A violation like keeping more pets than you’re allowed to in the city doesn’t necessarily lead to you being bit, but failing to restrain the dog on a leash, certainly may have.
The last category is just a standard negligence. Did the owner do something that’s negligent? We may be able to prove that in some circumstances just by failing to inspect for holes in the fence and things along those lines, but your claim is usually better if those are the circumstance under some sort of leash law violation. Negligence claims are typically the harder way to prove a dog bite.
Where Zinda Law Group Practices:
As we’ve grown we expanded out west to El Paso, Texas subsequently into Arizona adding Tucson Personal Injury Lawyers to the firm, as well as adding offices in Colorado including Denver Personal Injury Lawyers and the surrounding cities such as Colorado Springs.
Types of Cases We Handle:
We also have a team of attorneys that have experience serious injury cases such as car accidents, wrongful death and truck accidents. We also have experience handling more complex cases such as gas explosions and drug injury cases, such as the Taxotere® Lawsuits.