You often picture car accidents, work mishaps, and slip-and-fall events when it comes to personal injury claims. Shockingly, this law covers many more injuries, including the ones caused by dog bites due to the negligence of pet parents. Being bitten by a dog can be a traumatic experience, with physical injury, emotional distress, and financial burden being a part of the recovery journey.
Insights show that almost 4.5 million Americans yearly support a canine nibble, and an expected 800,000 individuals look for clinical consideration after it. Emergency clinic bills can wear out your wallet. Except if the canine is a homeless creature, state-explicit canine chomp regulations make the proprietor at risk for its demonstration of hostility.
Texas is second in terms of the number of dog bites, with 404 of them occurring in the state in 2022, as per a US Postal Services survey. Houston and Dallas (both in Texas) ranked as number one and three on the list of top cities. The numbers show the risk you face as a Texas resident.
You should know your freedoms as a canine nibble casualty to explore the legitimate cycle really and look for equity for your aggravation and monetary misfortune. In this article, we will assist you with understanding the lawful system encompassing canine nibble cases in Texas.
Strict Liability Laws
In Texas, strict liability laws outlined by the Texas Health and Safety Code Section 822.005 govern dog bite cases. The one-bite rule in Texas holds a pet parent liable for injuries their dog inflicts on another person if they know about the aggressive or vicious tendencies of the pet. Simply speaking, the victim does not even have to prove the owner’s negligence to seek compensation.
According to the Loewy Law Firm, a victim cannot rely on this rule to hold the owner liable if the animal does not have a prior history of attacks or aggressive behavior. Alternately, the canine is thought of as forceful on the off chance that it has recently chomped somebody, endeavored to nibble, or behaved like it needed to chomp. In such cases, you can undoubtedly demonstrate that the proprietor was careless in dealing with their pet.
Damages Available
While understanding your legitimate privileges as a canine chomp casualty, you ought to know the inclusion you can expect as remuneration. Forbes takes note of that the typical expense per guarantee for a canine nibble in 2022 was $64,555, a 32% increment over the earlier year.
Although the exact amount is case-specific, you can expect your compensation value to include the following:
- Medical expenses related to medication, hospitalization, surgery, therapy, and future medical care
- Lost wages due to the inability to work as usual during the recovery period
- Coverage for non-economic damages such as pain, emotional distress, and psychological trauma
- Property damage to your clothing and accessories during the attack
A seasoned dog bite lawyer can help you calculate an optimal compensation amount including all these elements. By establishing an accurate dollar figure, they ensure that you do not have to settle for less.
Statute of Limitations
Nolo states that the statute of limitations for dog-bite claims is often the same as for other personal injury lawsuits in the state. The state-specific deadlines range from one to six years post-injury, though most states stick with the time limit of two or three years. In Texas, the statute of limitations for dog bite cases is two years from the date of the incident.
Not filing a claim within this specified time period means losing the right to seek compensation. This underscores the significance of acting right after the incident. After getting medical attention and gathering injury records, you must consult a local attorney and begin with the proceedings of the dog bite claim.
Comparative Negligence
While Texas has severe obligation regulations for canine nibble cases, similar carelessness might become possibly the most important factor in certain occurrences. Under this standard, a casualty might be viewed as mostly liable for the occurrence on the off chance that their activities added to the episode. For example, the animal may attack a person provoking it or trying to trespass on the owner’s property unlawfully.
In these cases, the compensation value may be reduced proportionately according to the victim’s percentage of fault. The pet parent can use these instances as their defense strategy to minimize the compensation value they have to pay. However, the defense tactic will fail if it is not genuine or the victim is a young child.
In conclusion, dog bites can have dire consequences, but victims can file a claim for legal compensation from the dog owner. However, you must know the state-specific laws applicable to these cases. These guidelines regarding Texas dog bite laws can be valuable to a victim struggling with the aftermath of an aggressive canine attack.
