Dog owners must be aware of the care they must take with their dogs, and with the responsibility of caring for others to avoid bite accidents. If the owner is not careful and let go of an aggressive dog, and it causes an accident. The victim can report the negligence of the owner.
If the accident occurs within the state of Texas, the victim can contact the dog bite attorneys in mesquite, TX. A law firm with experience and knowledge on the subject, that will help the victim.
Liability law in Texas on these types of accidents
Texas is one of the states that applies the “one bite” rule for these types of cases. Under this rule, the victim must prove the dog owner’s negligence regarding the care or handling of the dog, and whether the dog has a history of problem behavior.
The owners of these animals, who are aware of the aggressiveness and their history of old accidents, must take some care to avoid future attacks. And every owner must have his pet restrained while they are being taken out for a walk. If the victim believes that the cause of the accident was the negligence of the dog owner. They will have to prove the following in court to win the lawsuit:
- Duty. Dog owners have a duty of care for others.
- Breach. The victim must prove to the court that the owner did not fulfill the duty of care.
- Causality. The victim can only press charges for the damages that were presented in the accident, and not for anything else.
- Damage. The claim will be processed as long as the victim has suffered a real injury.
Aside from proving the dog owner’s negligence, the victim must prove that they were legally on the property where the attack occurred. If the victim turns out to be an intruder who entered the property illegally, the court will consider that the dog’s attack was for defending the property and will not be prosecuted.
What compensation can a dog bite injury victim choose?
Victims of an attack by a dog can opt for compensation for the damages presented, this will depend on the severity of the injuries and loss. The most common damages that can be compensated in an injury claim are:
- Medical and / or surgical bills
- Medical expenses
- Lost wages
- Emotional stress caused by the accident
- pain and suffering
- Long-term care expenses, if needed
How long should the victim wait to file a lawsuit?
The civil court system has strict rules regarding when a personal injury claim is to be filed. The victim must comply with certain state statutes and time limits when filing a lawsuit. If the presentation of the claim is not fulfilled within the deadline, the victim loses the opportunity to obtain any compensation to cover the expenses that the claim merits. Contacting a lawyer will help the victim to know the time limit to be able to sue, since each case is unique, the time can vary.