Full and Fair Compensation When You Have Been Hurt by a Dog
We often forget that a dog is a wild animal—most are domesticated, but all are still wild animals at heart. As such, they can engage in aggressive or unpredictable behavior. In other situations, they may actually be trained by their owners to fight. If you’ve been hurt in an unprovoked attack by a dog, Bailey & Galyen can help.
At Bailey & Galyen, we have represented personal injury victims across Texas for more than 40 years, including men, women and children who have been victims of a dog bite or attack. In our decades in practice, we have helped personal injury victims recover hundreds of millions of dollars in settlements and verdicts. 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, so that we learn the details of your case, as well as your goals, and can tailor our counsel to get the results you want. We will keep you apprised of all developments in your case, as well as your options and likelihood of success, so that you can make good decisions for you and your family.
For a free initial consultation with an experienced Houston dog bite attorney, contact us online or call Bailey & Galyen at 281-771-1725.
The Texas Dog Bite Laws
Most states have written laws (called “statutes”) governing the liability of dog owners when their pets are involved in a physical attack, typically imposing what is known as “strict liability,” where the injured party doesn’t need to show carelessness or negligence. Texas has no dog bite statute. Instead, the laws governing the liability of dog owners derive from case law, specifically the case of Marshall v. Ranne. Marshall establishes what is commonly referred to in Texas as the “one-bite” rule for dog owner liability. Under this approach, strict liability will be imposed if the dog owner knew or should have known that the dog was dangerous or exhibited aggressive tendencies. The dog bite victim does not have to prove that the dog’s owner failed to act reasonably in taking care of the dog or protecting others from injury but must show that the dog’s owner knew or should reasonably have known of the dog’s aggressive tendencies. In the absence of such evidence, an injured person will only be able to recover compensation by proving negligence.
The Truth about Dogs and Dog Bites
There’s a lot of misinformation, disinformation and partial information about dog bites and attacks, and about the potentially Aggressive behaviors of certain breeds. According to data collected by the Centers for Disease Control (CDC), approximately 4.5 million Americans are bitten by a dog in any given year. Only about one in five, though (about 900,000), need medical attention and less than half of those (around 350,000) seek treatment at a hospital or urgent care facility. Even so, that’s nearly a thousand people every day 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, you would think that dog bite fatalities were a common occurrence. Statistics indicate otherwise. In fact, the data collected by the federal government indicates that more people are fatally struck by lightning every year (approximately 40) than are killed in a dog attack (about 30). Research and statistics also indicate that the breed of a dog is generally unrelated to its aggressive tendencies. A study by the American Kennel Club (AKC) found other factors more likely tied to 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
Perhaps surprisingly, studies consistently show that dogs perceived to have more innately Proven tendencies, such as pit bulls, German shepherds and boxers, actually have calmer dispositions than beagles, chihuahuas or border collies. The jaws of a pit bull are also known to be one of 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 Typical Injuries that a Vicious Dog May Cause
The common injuries reported as a result of 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 Can You Sue for Damages after a Dog Bite Injury in Houston?
As it’s typically the dog’s owner who has ultimate responsibility for ensuring that the animal doesn’t pose an unreasonable risk of injury to others, you’ll typically have good cause to seek damages from the owner. 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 by a person who installed a fence or built a pen or other enclosure for the dog, if substandard or shoddy installation 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 Houston 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
You’ve Been Attacked by a Dog…Do You Have a Legal Claim?
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 Kinds of Losses Are Commonly Covered in a Dog Bite Personal Injury Claim?
As with any type of personal injury claim, when you have been bitten by a dog, you can seek damages (monetary compensation) for
- 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
Do You Have to File a Legal Claim for a Dog Attack within a Certain Period of Time?
Yes. In Texas, the statute of limitations, which determines how long you have to file a lawsuit, requires that any personal injury 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.
What Can You Do to Protect Your Legal Rights after a Dog Bite in Houston?
Your first step, after any personal injury, including a dog bite or animal attack, is to attend to your medical needs. Once the dog no longer poses a risk of attack or injury, do a quick assessment of your injuries and determine if you leave under your own power or need emergency medical attention. If necessary, call emergency responders and go to the hospital by ambulance.
If your injuries do not require that you go to the emergency room by ambulance, it’s still in your best interests to seek medical care as soon as possible. Take yourself to a hospital ER 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 retain experienced legal counsel as soon as possible, so that your rights are not needlessly jeopardized.
Why You Want to Hire an Attorney to 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 that Bailey & Galyen Litigates
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 Houston 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 281-771-1725. 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.
Bailey & Galyen Attorneys at Law
18333 North Egret Bay Boulevard, Suite 333
Houston, TX 77058
281-771-1725
