Personal injury claims make you picture car accidents, mistakes at workplaces and falls. Incredibly, this law also protects from injuries such as dog bites caused by the careless behavior of pet parents. It is often upsetting for anyone bitten by a dog which can cause injuries, mental stress and can lead to expensive bills.
There are about 4.5 million Americans who feed their dogs some animal products each year and close to 800,000 people seek medical help after their pet eats them. Going to the emergency clinic can easily cost you a lot of money. Except in cases where the pet is homeless, dog-bite laws in each U.S. state urge the dog’s owner to take responsibility if the pet attacks.
According to the survey carried out by the US Postal Services, Texas had the second highest number of dog bites in 2022 which was 404. The list had Houston (Texas) as number one and Dallas (Also in Texas) as number three. The figures demonstrate the threat you may encounter as a resident of Texas.
Once you realize your freedoms as a canine nibble victim, you can easily explore the legal system and search for justice for what you went through and your losses. In this text, we will explain how canine bite laws apply in Texas.
Tough laws relating to strict liability
Texas Health and Safety Code Section 822.005 is the law that explains strict liability in cases of dog bites in Texas. Should a Texas owner know their pet can behave in an aggressive or vicious way, they are responsible for any injuries the pet causes. Simply, it is not necessary for the victim to prove the owner’s negligence in order to receive compensation.
If the animal being owned has no previous record of aggressive actions and attacks, the owner is not liable according to the Loewy Law Firm. On the contrary, the canine is regarded as forceful when it has recently attacked someone, tried to nibble or displayed signs that it wanted to bite. Such conditions give you the chance to prove that the pet owner did not handle their pet carefully.
Damages Available
While getting to know your justifiable rights as a canine chomp victim, you should be clear on the assistance that will be given to you. In the 2022 report by Forbes, the average cost spent on a canine bite was $64,555 which represented a 32% jump from the previous year.
Even though the compensation can vary, it should include the items mentioned below.
- Costs connected to medicine, hospital treatment, surgery, therapy and future medical care
- Pay lost because a person cannot work in their usual way as they recover
- Payments for additional factors like pain, upset emotions and distress because of the injury
- Your clothes and accessories are damaged as a result of the attack.
A lawyer who handles dog bite cases can paper over these factors and find a proper compensation package for you. They use the accurate dollar amount to guarantee that you won’t have to settle for a meager sum.
Government law that specifies how long a case can be pursued.
Nolo explains that state statute of limitations applies uniformly to dog-bite and other personal injury litigations. Deadlines for filing a personal injury lawsuit depend on the state and most states use two to three years, while some have one or six. Within two years after the incident, people affected by a Texas dog bite can file a claim.
Should the claim be submitted past the set time period, you will not have the right to receive compensation. It shows that the importance of acting immediately following any incident. It is important to visit a doctor after an injury, collect disease records and contact a lawyer to start the process of filing a dog bite claim.
Comparative Negligence
Even though Texas has stiff rules for when canines bite, sometimes carelessness contributes most to certain events. According to this standard, a casualty could be mainly liable if what they did made a difference in causing the incident. As an instance, if a person tries to enter the owner’s area unlawfully or provokes the animal by attacking, the animal might retaliate and attack.
If the victim has some blame in such cases, their compensation amount could be reduced. These circumstances allow the pet parent to show ways that the compensation amount can be lowered. Yet, this technique will not work if it is not real or if the kid is very young.
Overall, being bitten by a dog may cause serious injury, but victims are allowed to file a claim and ask for damages from the dog owner. At the same time, it’s important to understand the laws set by each state for such situations. Such information about Texas dog bite laws can benefit someone who suffers after being bitten by a dog.
