In order for your dog bite incident to be legally actionable, the circumstances surrounding the attack must meet the definition set by state laws and precedent concerning negligent or reckless behavior on the part of the dog’s owner.
For example, if the incident occurred in Texas and your Dallas dog bite lawyer finds evidence that the owner failed to properly restrain their dog, you may have legal grounds to file a case.
The Legal Definition of an Actionable Dog Bite
Each state—and, sometimes, each community—sets its own laws regarding what characteristics define a dog bite incident as legally actionable. While these definitions can differ slightly depending on where you live, here are some general guidelines:
The Dog Owner Has Legal Responsibilities
Owning a dog means not just taking care of the animal properly: you also have to protect others from the dog. This is especially important if you have reason to believe the dog is dangerous or violent. Reasonable preventative measures might include:
- Keeping the dog on a strong leash when you take them for a walk
- Providing the dog with a secure, fenced-in area on your property and maintaining that fence regularly
- Posting signs that warn visitors to stay away from the dog
The Dog Bite Incident Must Be Unprovoked
In order for a dog bite incident to be legally actionable, you need to show that you did not incite the attack by making the dog feel scared or unsafe. Examples of inciting behavior include:
- Trying to approach, pet, or grab at the dog without permission or without regard for the dog’s body language or location (e.g., they are in a pen intended to separate them from others)
- Throwing objects or yelling at the dog
- Performing an illegal activity, such as trespassing or robbery, on the dog owner’s property
The Dog Bite Must Cause Harm
If someone’s dog gives you a playful nip that does not even break the skin, that does not give you grounds to file a case. A successful legal case will show that the dog bite caused you significant losses.
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State Laws and Your Dog Bite Incident
Again, dog bite laws vary around the country. Before taking legal action, it is a good idea to get in touch with a local dog bite lawyer and go over your situation with them. This can save you a lot of time and trouble in the long run.
Many law firms offer callers free case reviews, meaning that they will evaluate your case’s legal merits at no cost to you. If you choose to retain a lawyer, they can go into more detail about topics like the following:
Meeting the Legal Requirements Described Above
As an example, Texas Health and Safety Code § 822.005 provides the standards your case must meet in order to be legally actionable in that state. It reflects many of the restrictions listed above: the dog’s owner must have been negligent in some way, or the dog must have a history of aggression, and you need to have suffered “serious bodily injury” as a result of that negligence.
The Dog Bite Statute of Limitations
A dog bite incident is only legally actionable for a certain number of years after the attack. This time limit is called a statute of limitations, and it differs from state to state. In Texas, for instance, Texas Civil Practice and Remedies Code § 16.003 sets the deadline at two years.
Damages Available After a Dog Bite Incident
You could be entitled to collect economic and non-economic damages. While there may be some variation based on your location, commonly sought damages include:
- Pain and suffering
- Emotional trauma
- Disability
- Medical bills
- Loss of wages
- Loss of earning capacity
Wrongful death damages are available for the relatives of those who passed away from a dog bite incident.
Does Your Dog Bite Warrant Legal Action?
The best and fastest way to discover your case’s true worth is by consulting with a personal injury attorney in your area. A legal team can:
Listen to You Talk About the Dog Bite Incident
When you call up a law firm, one of the first things they will do is ask you to tell them about what happened and what injuries you suffered. Based on this information, they can determine the merits of your case. Then, if you want to hire them, they can help you schedule your first official consultation.
Collect Legal Evidence to Build Your Dog Bite Case
Even if you have a clear case, you do not want your legal action to come down to the dog owner’s word against yours. A dog bite attorney can collect all available evidence to strengthen your case, including:
- The police report of your dog bite incident (you may be legally required to report your dog bite)
- Statements from people who witnessed the attack, people who know the owner and/or their dog, and people who are experts in assessing dog bite injuries
- Any video footage or photos that show the attack or the circumstances that led up to it (e.g., a loose dog roaming the streets)
Consult Applicable Laws and Apply Them to Your Dog Bite
Not every dog bite entitles the victim to compensation. It is important to carefully review all of the laws that could apply to your situation to make sure that your case meets all of the requirements in your community and state.
Dog bite lawyers have an advantage over laypeople when it comes to evaluating these laws: they know where to look to find the relevant statutes and can more easily parse legal jargon. By letting a law firm assess your case, you can be absolutely sure that you end up taking the appropriate legal action.
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Find Out if Your Dog Bite Incident is Legally Actionable Today
Loncar Lyon Jenkins assists clients with dog bite cases that result in personal injuries and wrongful deaths. If you want more information about the definition of a legally actionable dog bite incident and if your case meets that definition, call our firm today. We can assess your case for free and begin working on your case virtually.