New Developments in Dog Bite Cases
The number of dog bite attack claims has increased significantly since 2019. Pandemic puppies are responsible for much of this increase. Many people bought cute puppies to comfort themselves during pandemic lockdowns. Those cute puppies are now full-grown dogs that aren’t used to strangers. Pandemic puppies aren’t entirely responsible for the increase. Dog bite settlement amounts have been rising for about a decade.
The rising settlement amount reflects not only the serious injuries these attacks cause (more on that below), but also the often callous attitude of some pet owners, who are quick to blame victims, even small children or older adults, for vicious attacks. As a result, a Sugar Land personal injury lawyer can obtain substantial compensation in these cases, so these victims can move on with their lives.
Dog Bite Injuries
In many ways, an animal attack in Harris County is not a single incident, but three different attacks rolled into one.
When large dogs, like rottweilers, lunge at vulnerable victims, like children, the force of the knockdown causes injuries like internal injuries, broken bones and head injuries. Extreme motion causes the brain to slam against the skull, internal organs to scrape against each other, and bones to shatter.
An animal’s teeth usually cause deep, puncture wounds that have very high infection rates. Those teeth, along with the animal’s claws, also cause severe tearing lacerations that, in many cases, require reconstructive surgery.
Liability Issues
The law protects everyone, including both dog bite victims and pet owners. As a result, dog bite law in the Lone Star State is quite complex. Victims usually have several legal options, such as:
- Scienter (Knowledge): Owners are liable for damages if they knew their animals were potentially dangerous. Pre-bite behavior, like aggressive barking and baring of teeth, is the strongest evidence on this point. Prior attacks could be relevant as well, if the owner knew about them.
- Ordinary Negligence: Essentially, negligence is a lack of care, which in this case, is a failure to control an animal. If a person’s conduct in a given circumstance doesn’t measure up to the conduct of an ordinarily prudent and careful person, then that person is negligent. For example, letting a stray dog into a day care center is negligence.
- Negligence Per Se: Most area municipalities have leash laws, fence laws, and other animal restraint laws. If an owner violated one of these laws, and that violation substantially caused injury, the animal’s owner could be liable for damages as a matter of law. Texas is one of the only states with a chaining law.
Some legal theories are also unique to Texas. For example, owners could be liable for damages if they fail to stop attacks in progress, whether or not they were previously negligent or previously knew about the dog’s dangerous propensities.
Possible Defenses
Provocation, in one form or another, is the most common legal defense in a Texas dog bite claim. Significantly, provocation has a significant legal meaning.
Usually, provocation is a physical act that’s almost like torturing. Victims don’t provoke animals by moving quickly, making loud noises, or aggressively teasing them. Instead, victims provoke animals when they inflict so much pain on a dog that it must react violently to defend itself.
Assumption of the risk, which usually involves a “Beware of Dog” or other warning sign, is a common defense as well. Importantly, a warning sign is not a get-out-of-jail-free card. The owner must still prove the underlying elements of this defense, which is a voluntary assumption of a known risk.
Reach Out to a Compassionate County Attorney
Injury victims are entitled to significant compensation. For a confidential consultation with an experienced personal injury attorney in Missouri City, contact the Henrietta Ezeoke Law Firm. The sooner you contact us, the sooner we start working for you.
Source:
forbes.com/uk/advisor/pet-insurance/pandemic-puppies/
