Understanding Dog Bite Laws
The man’s best friend can give you a legal headache when you suffer a dog bite.
According to the Centers for Disease Control and Prevention (CDC), nearly five million dog bites occur in the United States annually. Over 800,000 require medical attention.
Dogs are territorial and protective of their owners and their owner’s property.
Dog attacks can be disturbing and traumatic, and victims may experience post-traumatic stress disorder (PTSD) and emotional distress following an incident.
Some dog bite victims incur irreversible impairments they may have to live with for the rest of their lives.
Dog Bite Laws
Most States have specific rules for dog-bite liability. The three typical approaches are:
Negligence
A dog owner is liable only if they fail to take rational steps to protect people from their dog.
Strict Liability
Owners are automatically accountable in most circumstances for injuries caused by their dogs.
The One-bite Rule
A dog owner is liable for injuries caused by their dog only if they knew or should have known that their dog might be dangerous.
Dog Bites In Texas
The one-bite rule in Texas can impede or make it difficult for dog bite victims to recover compensation. Texas laws protect animal owners, as their laws recognize that animals can be unpredictable. Owners are only liable for the damages their animals cause when they know the animal is aggressive before it hurts a person. The law also protects an owner from liability if their animal attacks in response to illegal activity like trespassing or an act of aggression against the animal’s owner.
Many states automatically hold dog owners responsible if their dogs bite or attack another person. These states impose strict liability rules for those who own animals. However, the One Bite Rule in Texas shields a dog owner from liability unless there is a history of aggressive behavior or biting.
Under the One Bite Rule, if the dog causing an injury has a history of biting or aggressive behavior, the dog owner is liable for the dog’s future actions.
The One Bite Rule does not mean a dog can bite once without repercussions.
Hiring a personal injury attorney with thorough knowledge of Texas dog bite laws is vital to preserving evidence, locating witnesses, and identifying liable parties.
Dog Bites In Louisiana
Louisiana law holds the dog’s owner strictly liable for their pet’s aggressive actions.
Louisiana has a “limited strict liability” rule for dog-related injuries. Owners are automatically liable in most instances. But there are two very crucial exceptions:
· Strict liability doesn’t apply if the injured person provokes the dog
· Strict liability applies only in cases where the dog owner could have helped prevent the injury.
The dog bite victim must demonstrate the owner’s failure to take reasonable actions to prevent the attack and subsequent injuries.
Louisiana courts will determine if the dog presented an unreasonable risk of harm to decide if an injury was preventable.
The dog bite laws in Louisiana include a statute that defines a dangerous dog. This statute plays a significant role in many dog bite cases.
Depending upon the facts of your case, multiple parties may be responsible. Identifying the at-fault parties is crucial to a successful lawsuit when the dog owner alone cannot compensate you.
At Bart Bernard Injury Lawyers, we will investigate the facts surrounding the attack and determine the parties liable for your injuries.
Bart Bernard Injury Lawyers: Seasoned Dog Bite Attorneys Maximizing Settlements And Enhancing Public Safety In Louisiana And Texas
After a dog bite, you may be facing considerable pain, treatments, medical bills, and pressure from insurers to give statements or accept an early settlement.
Severe dog bites lead to higher settlements because they require extensive medical treatment and may result in permanent damage and scars.
In most cases, the dog owner’s homeowners or renters insurance covers the bite victim’s damages.
Most insurers settle claims to avoid the cost and uncertainty of court proceedings.
Navigating the aftermath of a dog bite incident demands legal expertise to protect your rights. At Bart Bernard Injury Lawyers, we understand the complexities of dog bite cases and have a proven track record of helping Texas and Louisiana dog bite victims seek fair and just compensation.
Our personal injury law firm has offices in Lafayette and Houston. Contact the office closest to you to schedule a free initial consultation.
