Dog Bites Claims and Lawsuits

• First things first, seek medical attention.
• While receiving medical care, make sure you obtain documentation of your injuries. You’ll want this information for your claim.
• Next, you’ll want to contact the local police to alert them of the issue. The policy may quarantine the dog and test it for rabies.
• You’ll also want to document any and all details associates with the incident. This can include information about the dog and its owners, photos of your injuries, and statements from bystanders or witnesses.
• It is most important that you take photos of your bite injuries. Make sure the photos are clear and show the entire bite area.  If you need stitches, take photos before and after the procedure. 
• And, as soon as you can, contact a lawyer who is experienced with dog bites, so they can help you maximize your compensation.

Texas’ statute of limitations sets the timeframe for filing a claim at two years from the date the dog bite occurred. That said, you should contact an experienced attorney and file your claim as soon as possible.

While each dog bite case is unique, there are a number of individuals who may be liable for the injury. The responsible parties could include the dog’s owner, an individual caring for the dog, a dogwalker, the property owner, and a property management company. 

Texas is a "one bite rule" state. This means the dog owner can be held strictly liable for any damages caused by a dog known to be dangerous or which could be dangerous. If the animal has never bitten anyone before, then the injured person must prove that it was vicious before they can be compensated for the injuries.  In a sense, the dog owner may get one pass for a first bite if the dog has never bit anyone before. 

Texas falls under “modified comparative negligence,” which means if you are more than 50% at fault, you would not receive compensation for your injury. An experienced lawyer can help you determine what percentage you would fall within, and thus, what level of compensation might be available.  "Comparative negligence" also comes into play for other civil actions.

The level of compensation is varied based on the details of the case and the severity of the injuries. A dog bite claim can include compensation for medical expenses, pain and suffering, mental anguish, loss of earning capacity in the past or future, disfigurement, and physical impairment.

If you retain me as your lawyer, I operate on a contingency basis, which means I do not charge any fees unless I successfully recover money on your behalf.

Some cases last only a few months and others could last years. The time frame varies from case to case and depends on the court’s calendar and how many other cases are ahead of you. It is important to remember that a lot of dog bite claims do not go to court, and this would help decrease the time for resolution.

Most dog bite claims settle without court involvement because they are negotiated between the injured person and the dog’s owner or the owner’s homeowners insurance company.

There are circumstances where the dog bite lawsuit might progress all the way to a civil court trial.

Each case is different and this can be discussed at the free initial consultation.

Possibly, however, you will need to prove that the dog injured you. This will require documenting your case, seeking medical attention, and contacting the police.

In most cases, a person bit by a stray dog would not have a legal claim. However, if the dog had escaped from a local dog shelter and bit you, you may have a claim against the shelter.  The same applies to a dangerous dog that escapes a homeowner's house. 

Yes. Since the property owner invited you on the property to perform work, it is reasonable to assume the property is safe. If the property was not safe, the property owner would be liable for negligence.

If the dog bite occurred within your normal work activities, then yes, you may be able to file a claim for workers' compensation with your employer.

This would depend on the circumstances. If the police dog was improperly used or not properly supervised, the dog bite could constitute unreasonable force and this may require the police to compensate you for your injuries. Special notice requirements are required when suing a city or governmental entity. This would have to be discussed at the free initial consultation.