Prosper Dog Bite Lawyer
Being attacked and bitten by a dog can be a traumatic and painful experience. Fortunately, a Prosper dog bite lawyer may be able to help you pursue financial compensation for your injuries. Whether through an out-of-court settlement with the dog’s owner or a judgment by the court, a personal injury attorney could seek a positive outcome for your case and help you recover financially from the injuries you have sustained.
The “One Bite” Rule
Unlike other states, Texas does not have a specific law addressing civil procedures for dog bite injuries. Instead, Marshall v. Ranne, 511 SW 2d 255 (Tex. SC. 1974) established court precedent that dog bites would be approached in accordance with the Restatement of Torts §509.
This so-called “one bite” rule is not definitive, but rather a guideline for the courts to refer to. This rule has two significant ramifications for those who have suffered a dog bite injury:
- The victim of a dog bite will only have a statutory period of two years to file a claim with the court for their injuries
- The “one bite” rule means that the dog’s owner essentially gets one free pass for their dog attacking someone else, so long as the owner did not know their dog was dangerous and had them properly restrained
While this rule can create a challenging burden of proof at times, a Prosper dog bite attorney may be able to help a dog bite victim seek compensation by establishing strict liability.
Establishing Liability Through Strict Liability
If a dog were already declared to be dangerous, it could be good news for a person seeking financial compensation for their injuries.
While either legal negligence or the “one bite” rule will be applied in many dog bite cases, a judge may find a pet owner in Prosper to be strictly liable for their dog’s bite if the dog was already declared to be “dangerous” by animal control, as per Town of Prosper Code of Ordinance §2.03.003.
Specifically, Prosper Code of Ord. §2.03.003(a)(4) mandates that the owner of a animal previously declared to be dangerous is required to take out a minimum of $100,000 worth of liability insurance on the animal. An animal attack lawyer in Prosper could work to prove that a dog was declared dangerous in order to potentially seek damages not just directly from the owner, but from their liability insurance as well.
Hiring a Prosper Dog Bite Attorney for a Civil Case
If you were bitten by a dog, you may benefit from the advice and counsel of an experienced injury attorney while pursuing legal recourse and financial compensation. A dedicated legal representative could examine the facts of your case and work with you to pursue a positive outcome to your claim, whether that comes through settlement negotiations or the courts.
You may be able to hold those responsible for your injuries liable. Call an experienced Prosper dog bite lawyer today and schedule a consultation to begin discussing the facts of your case.