Comparative Negligence in McKinney Dog Bite Cases

Proving Liability in a Dog Bite Case

There are multiple ways of proving liability in a dog bite case. Two of the more common methods are strict liability and negligence. If the owner of the dog knows that it has shown dangerous qualities and the dog then attacks someone, the injured can pursue a claim of strict liability. Under strict liability, the owner of the dog would be liable even if the injury to the victim was not foreseen. Strict liability can be established if the injured party can prove:

• Defendant owned or possessed the animal
• The animal had dangerous propensities abnormal to its class
• Defendant knew or had reason to know that the animal had dangerous propensities
• The dangerous propensities were the producing cause of injury

An injured person may also recover damages if they can establish negligence. To establish negligence, the plaintiff must prove:

• Defendant owned or possessed the animal
• The defendant owed a duty to exercise reasonable care to prevent the animal from injuring someone
• The defendant breached their duty
• The defendant’s breach of the duty caused the plaintiff’s injury

An accomplished personal injury attorney could assist an injured person with proving liability in a dog bite case.