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Dallas Dog Bite Lawyer

While most dog bite injuries range in severity, they share one aspect in common, which is they may result in significant consequences. The aftermath of a canine attack could lead to substantial medical bills, long-term mental trauma, and lost income.

If you suffered injuries in a canine attack, a Dallas dog bite lawyer could assist you during your journey toward legal recovery. With all of the stresses you may already be facing, it could be beneficial to retain a dedicated personal injury attorney to help handle your legal recovery efforts.

Dog Owner Liability

Because state law does not establish a particular dog bite statute, plaintiffs may seek recovery based on a traditional negligence claim, or in some cases, strict liability. A Dallas dog bite attorney could asses an injured party’s situation and determine which course of legal action best fits their case.

Negligence Claims

In cases of negligence, state law follows the Restatement of Torts, which uses basic principles of negligence and the one-bite rule to determine if a party is liable in a dog attack case. Someone injured by a dog may hold the owner liable under negligence if:

  • The owner knew of the dog’s past aggression
  • The dog had bitten someone in the past
  • The owner failed to use reasonable care to control their dog or prevent the attack from occurring
  • The plaintiff was bitten and injured as a result of the owner’s failure to reasonably prevent the attack

 Strict Liability Claims

Although there is no dog bite statute, pet owners may still be held strictly liable for someone’s injuries under certain circumstances. For instance, if the court determines that the dog was dangerous, and the owner knew of their viciousness, they could be held strictly liable. In these situations, the plaintiff may not have to prove that the owner failed to use reasonable care. Instead, the dog owner would have to rebut the presumption that they were at fault.

Partially Responsible Plaintiffs

The main defenses that a Dallas lawyer may have to refute in a dog bite case are trespassing and a lack of knowledge. A defendant may claim that they did not know that their dog had a history of aggressive or dangerous behavior. Additionally, if a plaintiff is trespassing at the time of the attack, the defendant may not be liable for their injuries.

If a plaintiff is partially at fault for causing their injuries by either provoking the dog or trespassing on the owner’s property, the court may reduce their damages or bar them from recovering completely. Official Code of Georgia Annotated §51-12-33, states that if a plaintiff is 49 percent or less at fault, they may still recover compensation that is reduced by their percentage of liability. Otherwise, they may not recover.

Retain a Dallas Dog Bite Attorney Today

Taking on an injury claim can be overbearing without proper legal guidance. Fortunately, a Dallas dog bite lawyer could help you negotiate and fight for the recovery you deserve. To learn more about how an attorney could help you, call today.