As a parent, few experiences may be more frightening than witnessing your child getting bitten or attacked by a dog. Plus, the nightmare may continue afterwards with the countless medical appointments and the physical discomfort and emotional suffering you watch your child go through. While you may feel like nothing can undo your child’s pain, the closest you may get to some sort of relief is filing a personal injury claim against the negligent party. With that being said, please continue reading to learn who should be held legally responsible for your child’s dog bite injury and how an experienced Tom Green County, Texas personal injury lawyer at The Mathis Law Firm, PLLC can help you attain justice in this matter.
Who is legally responsible for my child’s dog bite injury in Texas?
In your child’s dog bite incident, it is more than likely that the dog’s owner should be held legally responsible in the claim you respond with. This is because Texas follows a “one bite rule,” which states that a dog owner can be held liable if they knew or should have reasonably known of their dog’s tendency toward aggressive behavior. For example, this applies if their dog previously bit someone else.
But even without this history, an owner may still be at fault if they acted negligently at the time of the dog bite or attack. That is, if they, say, failed to keep their dog on a leash while walking on public property. However, multiple parties involved may have acted without reasonable care.
For one, a landlord may have failed to secure the fenced perimeter of their premises, allowing the dog to easily escape. Or, a designated caretaker may have failed to supervise the dog properly while around other people or in a public setting. Rest assured, your lawyer may assist you in investigating your child’s specific incident to determine who should be served with the lawsuit.
What evidence should I collect after a dog bites my child?
When suing a dog owner over your child’s dog bite injuries, they may attempt to utilize any defense possible to take the liability away from them. This is why you must work on your child’s behalf to collect the necessary evidence to shut down these claims right away. For instance, the owner may argue that a “Beware of Dog” sign was posted on their property.
However, you may have taken photos and videos of the scene that do not show this disclaimer anywhere. Then, you may have gathered witness testimonies that confirm you and your child were welcomed visitors on their private property. Lastly, you may emphasize that, at the time, your child was too young to grasp this warning or even provoke the dog to the extent that it prompted the bite or attack.
In another example, the owner may try to get out of trouble by saying they did not know about their dog’s propensity for violence. With this, your lawyer may assist you in obtaining subpoenas for local police or animal control records of the dog’s previous bites or attacks. Similarly, if the owner tries to minimize your claimed damages by stating their dog is up-to-date on their vaccinations, you may subpoena their medical records that indicate otherwise.
The bodily injuries and financial damages your child is facing may just underscore the importance of obtaining strong legal representation. For this, look no further than a skilled Tom Green County, Texas personal injury lawyer from The Mathis Law Firm, PLLC. Our team looks forward to collaborating with you.
