Establishing Liability in a McKinney Dog Bite Case
It is the injured party’s responsibility to establish liability for a dog attack. How they do that depends on who is responsible for the dog. There could be one person liable or three people at fault for the accident. For example, if the dog owner is a tenant living at a home with a landlord and an owner. If the owner is not maintaining the property’s fences or if the dog is allowed to live on the property in violation of city ordinances, then the owner of the property could be held liable along with the owner of the dog and the landlord.
Establishing liability in a McKinney dog bite case can be complex and difficult, however, a seasoned dog bite attorney has the experience and knowledge to help you. A lawyer could investigate the case and determine who is at fault for your injuries so that you can recover the damages you deserve.
Process of Assigning Fault
The process of establishing liability in a McKinney dog bite case begins with everyone who may have a hand in owning the dog or having responsibility for it. An attorney will begin the process of the investigation by establishing where the incident happened, who the owner is, and where the owner lives. These types of cases should be covered by homeowner’s insurance. Unfortunately, one of the delays in many dog bite cases is the refusal of the dog owner to provide their insurance information to the injured party. In this situation, the injured party’s lawyer could file a lawsuit in order to obtain that crucial information.
Once a lawsuit is filed, there is a discovery process by which the insurance information must be supplied. During the investigation, a lawyer experienced in dog bite cases will be familiar with the breeds of dogs, which could be important information for the case. Also, the attorney will want to look for information about the past behavior of the dog.
How Leash Laws Impact Dog Bite Cases
Most communities in Texas have an ordinance that prevents a dog from being able to run at large. This means that the dog must be kept within an enclosure or have a proper leash restraint when in public. The issue of establishing liability in a McKinney dog bite case can be impacted by whether or not the owner has control of the dog. The more control the defendant can show that they exercised over the dog, the more liability is likely to be disputed. If a pit bull is off the leash and attacks someone, the owner is liable because it should have been on a leash. If that pit bull was on a leash and it still attacks someone, then the owner did not have reasonable control over the dog and could still be held at fault. Neither one of these examples should deter someone from going forward with a claim to recover damages.
How a McKinney Dog Bite Attorney Could Help
If you have been injured after being attacked by a dog, seek the services of a lawyer who is capable of establishing liability in a McKinney dog bite case. A dog bite attorney will know which steps to take to gather the information needed to show who was at fault for the accident. They have experience obtaining information about the dog’s history and how it applies to the case. Call today to set up a consultation.