Can I File a Claim After a Dog Bite?

cute dog portrait

Due to their reputation of being loyal and friendly, dogs are commonly known as man’s best friend. Unfortunately, sometimes dogs act on instinct and ultimately bite or attack others. If this happens to you, then you may be suffering from serious injuries or damages.¬†Continue reading to learn whether you can file a claim after your dog bite incident and how an experienced Harris County, Texas personal injury lawyer at White Personal Injury can help you execute this.

Can I file a claim after a dog bite incident?

First of all, Texas is one of the few states that does not have a law in place that assigns strict liability to a dog owner after their pet bites or attacks another person. However, the state does enforce what is known as the “one bite rule.” This means that, if you wish to file a personal injury claim after a dog bite incident, you must prove the following circumstances as true:

  1. You must prove that the dog owner knew, or should have reasonably known, that their pet has bitten, attacked, or otherwise acted aggressively toward another person in the past.
  2. You must prove that the dog owner failed to practice reasonable care to control their pet to prevent it from biting or attacking you at a location away from their property.
  3. You must prove that you incurred serious injuries and damages as a direct result of this bite or attack.

What defenses might a dog owner take?

The defendant of your personal injury claim (i.e., the dog owner) may go to great lengths to disprove your claims. That is, you must prepare a legal strategy that can withstand any one of the following possible arguments:

  • The defendant may argue that you illegally trespassed onto their private property at the time of the incident.
  • The defendant may argue that you were provoking or teasing their dog in the events leading up to the incident.
  • The defendant may argue that you do not have a sufficient amount of proof for your claimed injuries and damages.
  • The defendant may argue that you knew, or should have reasonably known, the risk of getting bitten by their dog.
  • The defendant may argue that you contributed to the incident by being unreasonably careless.

Of note, if the dog owner can prove that you contributed to the incident, then you may only receive a portion of the financial compensation you are seeking. This is so long as you were still found to be less than 50 percent at fault.

In the end, you cannot ignore your potential personal injury claim for much longer. Instead, you must retain the services of a skilled Harris County, Texas personal injury lawyer from White Personal Injury today.

Contact Us
  • This field is for validation purposes and should be left unchanged.