If an unprovoked dog bit you or your child in Frisco, our dog bite injury lawyer serving Frisco can help you determine if you have a case against the owner. Texas relies on common law for dog bite claims, which victims may find challenging to navigate without any attorney’s assistance.
At D. Miller & Associates, PLLC™, we can determine the right approach to take in your case, collect evidence to back up your claim, and pursue financial recovery for you. Call our team today for a free case evaluation.
Texas Follows the “One Bite Rule” in Dog Bite Cases
Texas still follows the “one bite rule” for dog bite injury cases. This means that to hold an owner responsible when their dog bites someone, you must often prove the dog has previously bitten someone or shown aggression.
Many states have abolished similar laws to make recovering damages easier for victims. However, you could still recover damages even if the dog did not have a documented history of aggression, as we discuss later on this page.
Victims can pursue financial recovery from the owner of a dangerous dog if they suffer a bite or other type of attack that leads to physical injury. For example, this can include if the victim requires medical treatment after being knocked to the ground by the dog. However, victims cannot seek financial recovery if they were trespassing on the owner’s property at the time of the attack.
A Texas Supreme Court Case Determined the Standard for Dog Bite Claims
In the 1974 case of Marshall v. Ranne, the Supreme Court of Texas set the precedent for how the state would handle dog bite claims in the future. Quoting section 517 of the Restatement of Torts, the justices confirmed that “a possessor of a domestic animal which he has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm caused thereby to others.”
This approach holds the dog owner strictly liable for the victim’s injuries, which means that it does not matter whether the owner intended for the attack to occur. The fact that the owner knew of their dog’s dangerous nature serves as grounds for a lawsuit.
Victims Can File Based on Negligence if the Dog Did Not Have a History of Aggression
If the dog that bit you or your child did not have a documented history of aggression, you may still qualify for financial recovery from the owner. A dog bite injury lawyer serving Frisco from our firm can help you establish that the owner acted in a negligent manner, which led to the attack and subsequent injury.
For example, the City of Frisco requires owners to restrain their dogs to prevent harm to others. If the dog that bit you was not leashed or otherwise restrained at the time of your attack, you may be able to hold the owner liable for your injuries on the basis of negligence. Our lawyers can help you prove that:
- The dog’s owner had a duty to keep you safe from their animal.
- They breached their duty by acting recklessly or failing to intervene to prevent harm.
- You suffered serious injuries as a result that caused you significant financial damages.
Contact D. Miller & Associates, PLLC™ right away to speak with our team about your dog bite case.
Recovering Damages in Dog Bite Cases
The specific circumstances of a dog bite case determine the types of damages a victim can pursue. For example, factors such as the severity of your injury and its impact on your ability to maintain employment can play a role.
According to the American Veterinary Medical Association (AVMA), of the 4.5 million people who suffer dog bites in the United States each year, over 800,000 receive medical treatment. Dog bites can cause serious injuries and transmit diseases—some of which carry a high risk of complications. Examples of the damages you may recover include:
- Emergency room treatment, follow-up appointments, equipment, medications, and other medical care costs
- Lost wages if you took time off work to recover from your injury
- Loss of earning potential if your injury resulted in a disability that limits your ability to work
- Pain and suffering, such as mental anguish
Our attorneys will assess your damages and pursue fair financial recovery for you.
Our Dog Bite Injury Lawyer Serving Frisco Can Help You Pursue Your Damages While You Still Have Time
The Texas Civil Practice and Remedies Code §16.003 sets a time limit on how long victims have to file a lawsuit against the at-fault party in their dog bite case. In most cases, you must pursue financial recovery within two years of the date of the injury.
However, some cases may be subject to exceptions. For example, suppose the victim was a minor at the time of the attack, and their parents or guardians did not seek financial awards on their behalf. In this case, the victim may have up to two years from the date they turn 18 years old to file their lawsuit.
Our Lawyers Will Provide You with Legal Support Throughout the Process
Dog bite claims involve complex laws and legal jargon that victims may find confusing. We want you to feel informed and confident about your case. We will explain the laws that apply to your case, the steps we can take to pursue your financial recovery, and any terms that you are unsure of.
We will also keep you updated on the progress of your case from start to finish and answer any questions that come up throughout the process.
Contact D. Miller & Associates, PLLC™ for Assistance with Your Frisco Dog Bite Case
If a dog owner’s negligence resulted in your injury, our lawyers can help ease your burden by fighting for fair financial recovery for you. Contact the legal team at D. Miller & Associates, PLLC™ as soon as possible. Call today to get started on your case before your filing deadline.