Aggressive Advocacy When You Have Been Attacked or Bitten
It often happens in an instant. You’re out for a walk or shopping and you see an unleashed dog. The animal may appear at first to be friendly, so that you let down your guard. Then the dog strikes. Whether the dog relentlessly attacks you or strikes and runs, the consequences can be serious. The wounds caused when a dog’s teeth puncture your skin can be among the most painful and take the longest time to fully heal. Whenever you’ve been attacked by a canine, large or small, you want to immediately retain the services of an experienced lawyer. Bailey & Galyen can help.
At Bailey & Galyen, we have represented personal injury victims across Texas for more than four decades, including anyone who has been the victim of a dog bite or attack. Over the past 40+ years, we have obtained hundreds of millions of dollars in settlements and verdicts for victims of personal injury across Texas, including people who have been hurt by someone else’s dog. The keys to our success have always been hard work, personal service and an unwavering commitment to open and honest communication. We’ll take the time to listen carefully, so that we know the details of your case, as well as your objectives, and can customize our counsel to get the outcome you seek. We will immediately notify you of all developments in your case, as well as your options and likelihood of success, so that you can make good decisions about your future.
To schedule a meeting with an experienced San Antonio dog bite attorney, contact us online or call Bailey & Galyen at 844-402-2992. There is no cost or obligation for your first consultation.
The Laws Governing Dog Bites in Texas
Unlike most states, which have some type of statute, or written law, governing the liability of dog owners, Texas has no such provision. Instead, the potential liability of dog owners can be found in the common law (also referred to as case law), specifically in the case of Marshall v. Ranne.
The opinion in Marshall establishes what is commonly referred to in Texas (and in many other states) as the ‘one-bite’ rule for dog owner liability. Under this approach,a dog bite victim will typically have two options:
- If the dog owner knew or should have known about the dog’s aggressive behavior (it bit, attacked or tried to attack others in the past), the injured person does not need to show negligence, but can recover by showing that he or she was bit by the dog, suffered injury and did not provoke the dog
- If the dog owner did not know and could not have known of any prior aggressive behavior, the injured person may only recover based on a legal theory of negligence—i.e., the dog owner was careless in leaving a pen unlocked or allowing a dog to roam about without a leash or supervision. Accordingly, the first bite may not result in any legal liability.
Dispelling the Prevailing Myths about Dogs and Dog Bites
There are many common misperceptions about the aggressive tendencies of dogs, and, in particular, about the ‘inherent’ viciousness of certain breeds, such as pit bulls and Rottweilers. According to data collected by the Centers for Disease Control (CDC), approximately4.5 million Americans are bitten by a dog in any given year. Only about 20%,though (nearly a million people),need medical attention and about a third of those (around 350,000) seek treatment at a hospital or urgent care facility. Even so, that’s nearly a thousand people every day throughout the United States who seek medical care for injuries caused by a dog.
When someone dies as a result of a canine attack, it often gets a lot of national press. As a consequence, it would seem that dog bite fatalities happen quite frequently. That’s simply not the case. In fact, the statistics show that more people across the country are fatally struck by lightning every year (approximately 40) than are killed in dog attacks (about 30). Most research indicates as well that the breed of a dog generally has little to nothing to do with the animal’s aggressive tendencies. The American Kennel Club (AKC) found, in a national study, a number of other factors more likely to affect a dog’s behavior, including:
- The actions and behaviors of the dog’s owner or trainer
- The type and extent of any training the dog has received
- The gender of the dog and whether or not it has been spayed or neutered
- The extent to which a dog has been socialized
- Whether the dog lives in an urban or rural environment
The research also shows that many breeds commonly perceived to have more innately aggressive or vicious tendencies, such as pit bulls, German shepherds and boxers, typically exhibit calmer dispositions than such commonly perceived family pets as beagles, chihuahuas or border collies. Contrary to popular perception, the jaws of a pit bull are among the weakest of all dog breeds—just slightly stronger than human jaws.
Furthermore, while it may seem like an appropriate response to attach a dog to a chain or tether, studies consistently show that dogs that are restrained in this manner tend to be more aggressive.
The Common Injuries Associated with a Dog Bite or Attack
The injuries most frequently reported after a dog bite or attack include:
- Puncture wounds or scratches
- Contusions or bruising in hands, feet, arms and legs
- Tissue and/or nerve damage
- Face, head and neck trauma, including injuries to the eyes
- Significant scarring or disfigurement
- Emotional or mental distress or trauma
Who Is Potentially Liable for Injuries Sustained as a Result of a Dog Bite in San Antonio?
In most instances, the dog’s owner will have some potential liability. There are, though, situations where you may make a claim against a third party. Such a claim, of course, would necessarily be based on evidence that the third party acted carelessly or negligently, creating the situation where you were attacked by the dog. Examples include:
- Carelessness or negligence in the installation of a dog fence or the construction of a pen or other enclosure for the dog, if substandard work caused the dog to escape and cause injury
- The actions of a third party who intentionally or carelessly provoked a dog, which then bit you
How Do You Prove Legal Responsibility in San Antonio for a Dog Bite Injury?
Under Texas law, there are two different approaches for establishing liability for a dog bite:
- The owner or person in control of a dog will be automatically (strictly) liable if he or she knew or should have known that the dog had previously demonstrated any type of aggressive behavior. In these types of claims, there’s no need to show carelessness or negligence.
- Any person, whether the dog’s owner or an unrelated third party, may be responsible for failing to act as a reasonable person would under the circumstances, if that failure can be shown to have the cause of the dog bite or attack
How Do You Know If You Have a Claim When You’ve Been Bitten by a Dog?
To determine whether you have a legal claim after a dog bite or attack, it’s best to consult with an experienced dog bite attorney. A knowledgeable lawyer can take all the facts and circumstances into account and help you determine your rights.
What Compensation Can You Seek as Part of a Dog Bite Personal Injury Claim?
In any personal injury claim, including when you have been bitten by a dog, you have the right to recover monetary compensation for all your injury and loss, including:
- Any lost wages or income caused by your injuries
- Any medical expenses incurred as a result of the attack that are not covered by insurance
- Your loss of enjoyment of life, including the ability to participate in activities that brought enjoyment or fulfillment before the attack, or to engage in the ordinary actions of daily life
- Any loss of companionship, close intimate or personal contact or consortium with family members
- Damages for physical and mental pain and suffering resulting from the attack
- Any property loss or damage
Is There a Time Limit for Filing a Dog Bite Claim in Texas?
Yes. The Texas personal injury statute of limitations, which establishes the length of time you have to file legal action, requires that your complaint be filed no later than two years from the date of your injury or the date you reasonably discovered your injury, whichever comes later.
Taking the Right Steps to Protect Your Rights after a Dog Bite in San Antonio
Your first priority, after any personal injury, including a dog bite or animal attack, is your health. Once the dog no longer poses a risk of further attack or injury, take an inventory of your injuries and ascertain whether you can move about and leave under your own power or need emergency medical attention. If necessary, be willing to call emergency responders and go to the hospital by ambulance.
If your injuries don’t require that you go to the hospital in an ambulance, it’s still in your best interests to seek medical care as soon as possible. Go to a hospital emergency room or to an urgent care center or schedule an appointment with your primary care physician as soon as possible. Make certain that all medical findings are documented in writing.
You also want to hire an experienced attorney as soon as possible, so that your rights are fully protected.
The Importance of Having an Attorney Handle Your Dog Bite Injury Claim
The Texas laws governing liability for dog bites and animal attacks can be complex and confusing. Furthermore, the injuries associated with a dog bite or attack can be far more debilitating than you might expect, and often can take days or weeks to significantly affect your daily life.
When you hire an experienced attorney, you’ll be immediately protected and will have a knowledgeable professional who can take steps to immediately gather and protect all evidence, identify potential witnesses and obtain statements, if appropriate. Your lawyer will carefully craft and file your complaint in a timely manner, as well as any other documents required by the court. Your attorney will also be your advocate in all meetings, hearings and proceedings related to your claim, including any interactions with insurers.
The Types of Dog Bite and Animal Attack Cases We Handle
At Bailey & Galyen, we take all claims related to or arising out of a dog bite or animal attack, including punctures, knockdowns and maulings.
Schedule a Free Consultation with Experienced San Antonio Dog Bite Lawyers
Don’t suffer in silence another day. Let Bailey & Galyen help you recover full and fair compensation for injuries suffered as the result of a dog bite or animal attack.
We offer a free initial consultation to anyone who has been hurt by a vicious dog. To arrange a meeting, contact us online or call our offices at 1-844-402-2992. Our phones are answered 24 hours a day, seven days a week. Evening and weekend appointments can be scheduled, if necessary, and we can travel for an appointment, upon request.
We handle all dog bite and animal attack claims on a contingency basis. We will only charge attorney fees if we recover compensation for your losses.
