Comparative Negligence in McKinney Dog Bite Cases

Texas is a modified comparative negligence state. Comparative negligence seeks to compensate the injured party for at least part of the injuries. For example, if the total recovery for the injured person is $100,000 and the jury found the plaintiff to be 10 percent at fault, then they would be awarded $90,000 in compensation. However, if the plaintiff is found to be 51 percent or more at fault for the accident, then they cannot recover damages. This rule allows courts to hold each party accountable for their percentage of fault. If you have been injured in a dog bite incident, reach out to a seasoned lawyer who is knowledgeable about comparative negligence in McKinney dog bite cases.

Comparative Negligence Impact on Case

Comparative negligence in McKinney dog bite cases can significantly affect compensation. For instance, if a person is beating a dog without any justification and the dog attacks as a response, then the individual would be barred from recovery. This is because the person provoked the dog attack. When someone provokes a dog and the dog bites back, then the individual is most likely going to be found to be more than 51 percent responsible for the accident. However, if the person was simply walking down the street and then the dog attacked without warning, then the individual will not have any comparative negligence assigned to them. Therefore, they would be able to recover damages accordingly.

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.

How a Dog Bite Attorney in McKinney Could Help

An experienced lawyer could help a person when their case is at risk of being hurt by comparative negligence in McKinney dog bite cases by establishing a clear chain of liability on the opposing party. They will highlight the history of the dog, what the dog owner could have done to avoid the attack, what the dog owner knew prior to the attack, and all the different ways it could have been avoided. Victim-blaming is a strategy used by the defense, but a personal injury attorney will deal with it by highlighting the bad acts of the opposing party.

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Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
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Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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