According to the American Veterinary Medical Foundation (AVMF), dogs bite approximately 4.7 million people each year, with about 800,000 needing medical attention. Dogs most often bite children, whose small statures lead to the most severe dog bite injuries. In rare cases, dog bites might even be fatal. Most dogs are family pets that are sweet and don’t show signs of aggression, but when they are feeling stressed or trapped, even the friendliest domesticated dogs might attack. Furthermore, irresponsible owners that fail to socialize and train their dogs contribute to the problem.
If you or your child has been bitten by a dog, you might be able to recover compensation for expenses related to your injuries. Contact one of the skilled Austin personal injury lawyers at the George Salinas Injury Lawyers, located in Austin, Texas, at 210-225-0909 and have an experienced dog bite lawyer evaluate your case.
Why Choose George Salinas Injury Lawyers?
At George Salinas Injury Lawyers, our attorneys have extensive experience dealing with all types of personal injury claims, including those that involve dog bites. Cases vary based on the severity and circumstances surrounding an injury, and we cannot guarantee a favorable result in any particular case. However, in past cases, our attorneys have recovered millions of dollars for our clients. Our skilled personal injury attorneys always strive for the best possible outcome in every case.
Common Injuries That Result From a Dog Bite
The most common injuries sustained by victims of dog attacks include:
- Transmission of deadly diseases and bacterial infections, including rabies, tetanus, and MRSA
- Severe flesh wounds, including tears, cuts, and lacerations
- Soft tissue damage to tendons, ligaments, and muscles
- Psychological trauma from the dog attack, especially in minors
- Scarring and disfigurement
Texas Laws Regarding Dog Ownership
Texas civil code doesn’t speak directly to dog attacks or dog bites. Instead, Texas courts rely on a 1974 Texas Supreme Court ruling to guide their decisions about liability and dog bites.
Texas Supreme Court Precedent
In Marshall v. Ranne, the Texas Supreme Court ruled against John Ranne after his dog bit Paul Marshall. The lower court had determined that Marshall assumed risk by approaching Ranne’s dog. However, the Texas Supreme Court concluded that victims could seek compensation on the grounds of negligence and established the state’s one bite rule.
One Bite Rule
Under Texas’s one bite rule, a plaintiff may not collect damages for a dog bite injury unless he or she proves that the dog behaved aggressively or previously bit someone. The plaintiff must also prove that the dog owner knew of the dog’s previous attacks, bites, or aggressive behavior.
Negligence
Proving negligence in a dog bite injury case is similar to proving negligence in any other type of personal injury case. The plaintiff must prove the following four elements:
- The defendant had possession of the dog.
- The defendant owed a reasonable duty of care to others by preventing the dog from inflicting harm.
- The defendant breached that duty of care, and
- The breach of duty caused the plaintiff’s dog bite injury.
Animal Control Violations
A court may also rule that dog owners are negligent when they violate animal control laws and their violation causes an injury. This type of liability is often associated with owners who tie up their dogs for long periods of time and leave them unattended. For example, if a dog owner ties a dog outside within 500 feet of a school or daycare center, the court may hold the dog owner liable in the event that the dog bites an approaching child.
Failure to Stop a Dog Attack in Progress
In a 2008 dog bite case, the Texas Supreme Court ruled that dog owners and bystanders who witness a dog attack must make a reasonable effort to stop the attack, or the court can hold them liable for any resulting injuries.
What to Do After a Dog Bite
The Austin Animal Center explains what you should do after a dog bite occurs. According to the Austin Animal Center:
- You should contact the police. It’s recommended that you call 911 after an attack that involved a bite or a scratch that broke the skin. The police can make a report of the incident and can take any steps that they deem necessary to protect public safety.
- You should complete an Animal Bite Report. This report asks for details including the location of the incident, the type of animal, those who were participants in the attack, and additional details about the events that occurred which may be relevant. You can submit the Animal Bite Report online and you have the option to upload files if you need to provide additional documentation such as pictures of the bite injuries.
- Ask witnesses to complete a Bite Affidavit. This document can also be found online. The affidavit asks witnesses to provide their contact details as well as information about the circumstances of the animal attack, the victim, and the actions of the owner.
The owner of the dog will be required to provide a current rabies vaccine. If the animal is not up-to-date on vaccines, then the animal must be placed in quarantine and observed by a veterinarian. If the dog was current on vaccines, the dog still must be quarantined and observed for a period of at least 10 days but this can occur in the home of the owner.
Bite victims may wish to get a rabies vaccine, especially if the animal’s rabies status is unknown. The Austin Animal Center makes clear that rabies is active in Travis County and that it is crucial not to underestimate the risk.
Victims should also seek prompt medical attention after any bite, as it may be necessary to get antibiotics and other treatment to avoid infection or other complications resulting from the bite incident. A doctor can also keep detailed records of the injuries, which could be important if you are a victim of a dog attack and you want to take legal action.
In many cases, it is possible that the dog’s owner will be held legally liable for the damages that occurred due to the bite. This means the owner could be required to compensate the victim for damages including medical bills, lost wages, pain and suffering, and emotional distress.
If you or a loved one was a bite victim, you should consider reaching out to an Austin dog bite attorney in the aftermath of the incident. George Salinas Injury Lawyers regularly represents bite victims and we can provide the help and support you need as you recover from the attack and navigate the legal system.
Animal Control in Austin
If you or your child has suffered a dog bite injury in Austin, you need to submit a notarized bite affidavit to the city’s Animal Control Department. If the city determines that the dog is dangerous, the owner will be required to restrain the dog in an enclosure at all times and purchase a $100,000 liability insurance policy. If the dog attacks a second time, the court may issue a kill order. Additionally, the city places the owner and dog on a dangerous dog registry, so residents are aware of neighbors who possess a dog that has bitten someone previously.
Who is Responsible for Dog Bite Injuries?
Texas law makes clear the circumstances under which a dog’s owner is legally liable for the injuries that result from a bite.
According to a Texas court case, Marshall v. Ranne, “a possessor of a domestic animal which he has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm caused thereby to others, except trespassers on his land, although he has exercised the utmost care to prevent it from doing the harm.”
Since there is no statute expressly stating when a dog’s owner is going to be held responsible for an attack, this case law creates a so-called “one bite” rule in Texas. A number of other states also have a one-bite rule, which is different from the “strict liability” rule that many other parts of the country have in place.
In strict liability states, dog owners are always responsible for a bite except in limited cases such as when the dog was provoked. If the dog harmed someone who was lawfully on private property, then the owner is automatically assumed to be responsible for the resulting damages.
In one-bite states like Texas, though, things are different. The dog must have bitten someone before or exhibited signs of aggression or must have otherwise shown “dangerous propensities” that gave the owner notice that the dog was likely to bite.
If you are a victim of a bite attack, you are going to be the one who must prove that the owner had reason to be aware of the animal’s dangerous tendencies or that the owner was negligent in some other way that breached a legal duty to you and that resulted in your harm.
An Austin dog bite attorney at George Salinas Injury Lawyers will help you to gather the evidence you need to make your case, including subpoenaing relevant records, finding and interviewing witnesses, and identifying experts who can testify on your behalf to help you make your claim.
How Can an Austin Dog Bite Attorney Help You?
An Austin dog bite attorney will be there to help you at each step of your case in the aftermath of an animal attack. Your attorney can:
- Help you to gather evidence from the incident including obtaining police and bite incident reports and talking with witnesses.
- Assist you in documenting the pain and suffering and other losses you endured due to the bite so you can be “made whole” for all your damages.
- Work with you to identify all potential defendants who can be liable for your losses including the dog’s owner and potentially property owners or landlords who failed to protect you against the animal attack.
- Help you to determine what legal arguments to make in order to maximize the chances of a successful claim.
- Assist you in negotiating a settlement with the insurer representing the dog owner. Often, this will be their homeowner’s insurance company.
- Help you to go to court and present evidence to prove your claim if no settlement is reached.
It’s very stressful to be the victim of an animal attack and you may be left coping with ongoing and severe injuries. You should reach out to a skilled legal advocate at George Salinas Injury Law today to get the help you need and deserve.
What Compensation Might You Recover Following a Dog Attack?
Dog bite injuries can range in severity, but those that cause serious injuries might entitle you to recover the following damages:
- Medical expenses, including ambulance and emergency services, hospital stays, surgeries, and prescription medications
- Future medical costs, especially when victims need multiple reconstructive surgeries
- Psychologist or therapist expenses, especially for children
- Lost wages for time missed from work
- Lost earning capacity if a dog bite results in a long-term disability
- Pain and suffering for the emotional trauma of a dog bite injury
- Additional damages if you are a parent or family member that watched your child get attacked by a dog
- In the rare case of death, the victim’s surviving family may be able to recover burial and funeral expenses. If your loved one died as a result of a dog bite injury, you should discuss the viability of filing a wrongful death claim with your attorney.
Hire Our Austin Dog Bite Injury Lawyer
If you or your child has been injured by a dog bite, you need to focus on healing and rehabilitation rather than worry about a legal proceeding. A skilled personal injury attorney will investigate the circumstances of your case, contact potential witnesses, and advocate for you so that responsible parties are held liable. If you live in the Austin area, call the George Salinas Injury Lawyers at 210-225-0909, or contact us online, for a free consultation and to discuss the details of your case and determine your eligibility for compensation.