In nearly two-thirds of states across the country, it is possible to hold a dog's owner legally liable for a bite or other attack on the part of the animal. In other words, the dog owner is considered to be legally responsible for the actions of the animal, regardless of whether or not he or she is found to have been negligent in allowing the attack to occur. Texas, however, is one of 18 states which apply the "one-bite rule."
The "one-bite rule" dates back hundreds of years in the English common law, and it essentially allows a dog owner to escape legal liability for a dog bite, provided that the dog has never before bitten or displayed vicious or violent behavior. In other words, it is the dog’s first bite.
In order to recover monetary damages for a dog bite, it is necessary to prove that the dog's owner was negligent, based on the fact that he or she knew - or reasonably should have known - that the animal had bitten before or was likely to bite. Successfully proving a dog bite claim can be a considerable challenge, but the Edinburgdog bite attorneys of Farah Law have earned a reputation for taking on the difficult cases which other lawyers avoid, and for winning.
The victim of a dog attack is not the only person who may have the right to take legal action over an attack. A close family member - such as a sibling, parent or child - of the victim may be able to file a personal injury or wrongful death claim to recover damages for mental anguish, provided that two conditions are met:
In addition, it is sometimes possible to sue the dog owner's landlord for premises liability, in the event that he or she was aware - or should have been aware - of the fact that the dog was vicious or dangerous and yet failed to take action to evict the tenant and thereby to rid the premises of the hazard.
Contact us for a free consultation to discuss your experience and to find out whether you may have grounds to sue the owner of the animal that attacked you or your child.