Sherman Dog Bite Lawyer

Texas is one of many states that does not have a specific dog bite statute. As a result, plaintiffs must examine the actions taken by the dog’s owner prior to the attack under the common law rules. The common law rule concerning dog bites is that an owner is only liable if their negligence led to the attack and if the owner knew that the dog had violent tendencies. However, there are several exceptions to this general rule.

Once a plaintiff can provide evidence that the dog’s owner knew of the animal’s violent past or that an exception applies, they may have to prove that the defendant was negligent in the handling of the animal. Any instance where the animal is outside the house and not on a leash can be proof of negligence. So, too, can evidence that the dog bit an authorized visitor onto land.

The other important consideration in filing a dog bite claim is the applicable time limits. Texas Civ. Prac. & Rem Code, Title 2, Ch. 16, Sec. 16.003 states that all cases for dog bites must be in court within two years of the date of injury. Any failure to meet this deadline could leave the plaintiff unable to collect compensation. In addition to working to establish clear liability, a Sherman dog bite attorney could help to try and ensure a case is pursued on time.