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Sugar Land Personal Injury Lawyer > Blog > Premises Liability > The New Dog Bite Claims in Texas

The New Dog Bite Claims in Texas

DogAttacking

Four years after coronavirus lockdowns ended, we still feel their effects in many ways. Pandemic puppies are a good example. In the spring of 2020, many people bought cute, cuddly puppies to help them deal with the lockdown. These puppies grew up largely indoors and largely in isolation. Now, these puppies are fully-grown dogs who aren’t used to the outdoors, aren’t used to strangers, and are therefore very aggressive.

Probably not coincidentally, the average dog bite settlement has increased significantly since 2020. The injuries are worse, and insurance companies are almost desperate to keep a lid on the problem. So, they often settle these claims quickly, quietly, and on victim-friendly terms. Nevertheless, they still aggressively challenge the evidence and legal doctrines in the case. Therefore, only the most experienced Sugar Land premises liability lawyer can successfully resolve dog bite claims.

Dog Bite Injuries

Especially for young children, who constitute most dog bite victims, animal attack injuries are usually a three-stage process.

When a large dog, like a German Shepherd, lunges at a small child, the knockdown usually causes injuries like broken bones and head injuries. These injuries, by themselves, are very serious, especially for small children. But the dog bite injuries are just getting started.

Then, the bite usually causes deep puncture wounds and severe tearing lacerations. The deep puncture wounds often pierce internal organs. The pinpoint prices are hard to detect and. Since internal organs don’t have protective skin layers, they often bleed badly. Severe tearing lacerations often require extensive reconstructive surgery and regional specialty trauma centers.

Speaking of trauma, the trauma of a dog bite injury normally causes Post Traumatic Stress Disorder. A stress-induced chemical imbalance causes symptoms like depression, anger, and others that make it difficult or impossible to function during the day.

Your Legal Options

Dog bite law varies significantly in different states. In Texas, these victims basically have four options. Each option has some pros and cons.

  • Scienter (Knowledge): If available, this theory is usually the best one. Owners are liable for dog bite damages if they knew animals were potentially dangerous and didn’t adequately control them. Even pet owner jurors often side with victims in these cases, because such owners simply seem negligent.
  • Strict Liability: Texas has one of the broadest strict liability laws in the country. Owners could be liable for damages even if they didn’t know their animals were potentially dangerous. This law is so broad that many pet owners believe it unfairly penalizes people who rescue troubled dogs from shelters.
  • Negligence Per Se: Houston and most other municipalities have stringent animal control ordinances. There’s also a statewide leash law and fence law. If an owner violates such a law, and that violation substantially causes inquiry, the owner could be liable for damages as a matter of law.
  • Ordinary Negligence: Basically, ordinary negligence is a lack of care. Daycare teachers are negligent if they allow children to play near strange dogs.

Furthermore, Texas is one of the only states with a failure-to-stop law. Owners could also be liable for damages if they don’t stop an attack in progress, regardless of what caused that attack.

Third-party liability might be available in these cases. For example, landlords could be vicariously liable for animal attack damages in some cases.

Connect With a Steadfast Harris 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. We routinely handle matters throughout the Lone Star State.

Source:

ncbi.nlm.nih.gov/pmc/articles/PMC10059587/

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