You can pursue a dog bite claim even if your actions may have contributed to the accident. However, your financial award will be reduced by your percentage of fault. If you bear more than half of the fault for the incident, you cannot recover any compensation.
If a dog attacked you or a loved one, you should consider reaching out to a Dallas dog bite lawyer. They can clarify whether you are eligible for a dog bite claim. Your personal injury lawyer can also determine if your actions might lead to a potential decrease in your financial award. With their legal support, you can seek compensation for your medical bills and other recoverable damages.
Actions That Could Cause You to Be Partially At Fault for a Dog Bite
Any dog can bite at any time, so it can be difficult to know whether your actions contributed to the animal bite. In addition, even seemingly innocent actions on your part might be misconstrued as provoking the animal.
Actions that may cause you to be partially responsible for the dog bite incident include:
- Playing in a manner that the dog finds aggressive
- Taunting or potentially inciting the dog to anger
- Approaching a sick, injured, or scared dog
- Petting or otherwise breaching the dog’s personal space
- Getting too close to a mother dog’s puppies
- Chasing a dog that is angry or frightened
- Attempting to break up a dog fight
- Approaching a dog that you know to be dangerous
The best way to understand your actions and their role in the dog bite is to review the details of your case with a team member at a law firm in your area. They will listen to your version of events with compassion and kindness and conduct a thorough investigation.
How Texas’ Proportionate Responsibility Law May Affect Your Financial Recovery
If less than 50% of the fault in your dog bite case is attributed to you, you can still recover damages. However, according to Texas Civil Practice and Remedies Code § 33.001, you cannot recover damages if 51% or more of the bite’s fault is yours.
Your award will be reduced by your percentage of fault. For example, a $300,000 financial award could be reduced to $180,000 if you are 40% at fault. One of the primary reasons you need a dog bite lawyer is their ability to fight for your rights and a fair distribution of fault.
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Defenses an Animal Owner Might Use to Refute Dog Bite Liability
The dog owner’s pet insurance or homeowners’ insurance company will require proof of the incident and your actions. Their policyholder may refute your claim in the following ways:
- By alleging you intentionally or unintentionally provoked their dog
- By contesting the extent or severity of your physical injuries
- By alleging that you were trespassing when the bite happened
- By asserting a different dog bit you—not the one they own
Your dog bite attorney can dispute or rebut these defenses on your behalf. They will locate and interview witnesses and request any official reports related to your case. They may also request a written statement from you about the biting incident and the toll it has taken on your life.
Your Dog Bite Lawyer Will Prove Your Right to Recover Financial Compensation
Texas follows the “one bite rule” in dog bite claims. If the dog that bit you has a history of aggressive behavior, the dog’s owner is strictly liable for your dog bite injuries. That means you do not have to prove negligence to be eligible for financial compensation.
However, if your incident was the first time the dog in question has bitten someone, you must prove negligence to recover damages. Your personal injury attorney can help you build a compelling case file, including the following evidence:
- Animal control records
- Medical records and bills
- Police reports
- Witness statements
- Photos and video footage
- Expert testimonials
Your personal injury lawyer will also fight hard to settle your dog bite case out of court rather than with a potentially lengthy and stressful trial.
You Can Recover Multiple Types of Damages After a Dog Bite or Attack
Compensation for a dog bite can include economic and non-economic damages. Per Texas Civil Practice and Remedies Code § 41.001, your recoverable damages include:
- Current and future medical expenses
- Rehabilitation and therapy costs
- Current and future lost income
- Loss of future earning capacity
- Property damage or total loss
- Physical pain and suffering
- Mental and emotional trauma
- Diminished quality of life
If your family lost a loved one due to a dog bite, your lawyer will file a wrongful death lawsuit on your behalf and request appropriate damages, including:
- Funeral and burial expenses
- Loss of the decedent’s financial and familial contributions
- Loss of consortium, companionship, and support
Avoid a Potentially Costly Delay in Filing Your Dog Bite Lawsuit
You could unintentionally lose the right to legally compel compensation from the responsible party by filing your dog bite lawsuit too late. Texas Civil Practice and Remedies Code § 16.003 generally gives you two years to file your personal injury or wrongful death lawsuit. If the filing deadline expires:
- The court could refuse the filing of your lawsuit.
- The court could dismiss your lawsuit out of hand.
The filing deadline is important for several reasons—complying with it is mandatory, and it can fluctuate based on the age of the dog bite victim or other unique circumstances. It can also be difficult to interpret the deadline on your own. Since the statute of limitations clock starts running on the day of the incident, the sooner you seek legal support, the better.
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Get Legal Support in Pursuing Your Dog Bite Claim
If a dog severely injured you, we encourage you to seek legal representation as soon as possible. Your dog bite attorney will clarify when you can pursue a dog bite claim even if your actions may have contributed to the incident.
We represent dog bite victims and their family members and will never stop fighting on your behalf. Contact one of our consultation team members at Loncar Lyon Jenkins to explore your financial recovery options today.