No matter how well they have been trained, domesticated dogs still have the capacity to cause serious physical harm if they feel threatened or challenged. Even a bite from a small dog could lead to skin lacerations and infections, and larger animals often have jaws strong enough to tear tendons or even shatter bones.
State law is a bit lenient compared to other states when it comes to holding pet owners financially accountable for bites, but it is still possible with help from a Lewisville dog bite lawyer. Once retained, a experienced injury attorney could explain how these types of cases generally work, what your options for recovery might be, and what damages you could factor into a settlement demand or lawsuit.
Rather than a specific statute, civil courts in Lewisville and throughout the state of Texas follow a precedent set by a 1974 Texas Supreme Court verdict when ruling on personal injury lawsuits involving dog bites. The court’s decision in the case of Marshall v. Ranne established what is often described as a “one-bite” rule, referring to the one “free” bite a dog owner gets before they are expected to know that their pet is potentially dangerous.
A better way of explaining how state courts approach dog bite claims is that these claims generally revolve around the negligence of a pet’s owner. If a dog’s owner knew their animal has bitten someone before but still failed to ensure it was under control and could not harm anyone else outside the owner’s property, that owner could be considered legally negligent and therefore liable for ensuing damages.
However, if a person suffers a canine bite because they were taunting or provoking the animal in question, or if they were bitten while trespassing on a dog owner’s property, that bite victim may bear partial liability for their injuries. This would result in a reduction of available compensation or even the total loss of their right to file suit. In light of this, representation from a dedicated dog bite attorney in the area is often crucial to proving a defendant’s liability while disproving claimant’s fault.
Through a successful claim, someone suffering from a dog bite may demand financial compensation for both economic and non-economic effects of their encounter with the aggressive animal. In other words, a claimant in this type of case could seek restitution not only for objective losses like medical bills and lost wages due to time missed from work, but also physical pain, emotional trauma, and other subjective forms of harm.
However, the statute of limitations codified in Texas Civil Practice and Remedies Code §16.003 allows people bitten by dogs only two years after suffering an injury to get the litigation process started. Retaining a canine attack lawyer in Lewisville as quickly as possible after such an incident can be key to ensuring this time limit does not negatively impact recovery efforts.
Getting attacked by a dog can be a traumatic experience, and incidents that lead to serious injuries can leave both physical and emotional scars. In order to get a fair result from an ensuing civil lawsuit, you may need guidance from a legal professional who has achieved positive outcomes in cases like yours before.
A qualified Lewisville dog bite lawyer is often an essential ally when it comes to pursuing compensation after a canine attack. Call today to schedule a private meeting for free.
McCraw Law Group