Were you recently harmed, due to a dog bite in the cities of San Antonio or Houston? Did the owner of the dog seem negligent, irresponsible with regard to their dog’s behavior, or had you seen the dog act aggressively in the past? If you answered yes to any of those questions, you may be wondering if you are entitled to compensation for the damage this accident caused?
Injury due to dog bites in the state of Texas is treated very seriously, in compliance with what is commonly referred to as the one bite rule. The one bite rule states that a victim is entitled to compensation for injury if the dog has previously bitten or acted in an aggressive manner, or if the owner of the dog was aware of the dog’s previous biting history.
This rule can pose some complications for the injured person if no proof can be found that the dog has bitten previously, or that the owner was unaware of his or her dog’s biting behavior. If neither of these criteria are met, the one bite rule cannot be used as grounds for compensation in the state of Texas.
However, the state permits a victim to receive compensation on the grounds of negligence. According to Texas State Law, “To recover a negligent handling claim, a plaintiff must prove: (1) the defendant owned or possessed an animal; (2) the defendant owed a duty to exercise reasonable care to prevent the animal from injuring others; (3) the defendant breached that duty; (4) the defendant’s breach proximately caused plaintiff’s injury.”
It is imperative for any persons injured by dog bite to connect with an attorney, to ensure proper measures are taken and compensation is received when entitled. It is the job of the personal injury lawyer to draft a demand letter which outlines the arguments of the case as well as a settlement amount that the victim is seeking in order to avoid trial. The attorney will continue to work with the victim until an agreeable conclusion has been reached, either by trial or settlement.