Fort Worth Dog Bite Lawyer

Dogs are beloved pets across the country and beyond. Unfortunately, that does not mean dog attacks never happen. According to the American Veterinary Medical Association (AVMA), more than 4.5 million people are bitten by dogs every year nationwide. Of the 800,000 dog bite victims who receive medical treatment each year, half are children.

If you were injured in a dog attack, you are likely entitled to a wide variety of legal compensation. At The Wilhite Law Firm, our experienced attorneys are ready to evaluate your case and help you fight for the compensation you deserve. Contact us today for a free consultation with a Fort Worth dog bite injury lawyer.

How Can a Dog Owner Be Held Liable When Their Dog Attacks?

Unlike most states, Texas does not have a statute on the books specifically dealing with civil liability for dog bites. Even so, dog owners can still be held liable for compensating injured victims when their dogs attack. This section discusses each route to liability in turn.

1. “One-Bite Rule”

The Texas Supreme Court adopted the “one-bite rule” in the case of Marshall v. Ranne (1974). According to the Texas version of this traditional rule, a pet owner may be held strictly liable for compensating injured victims if the dog previously attacked someone or otherwise behaved aggressively.

Strict liability means that the pet owner is automatically liable for attacks if they knew or should have known about the dog’s aggressive tendencies. Plaintiffs need not prove anything else to secure compensation. As the name of the rule suggests, one incident of attack or show of aggression is enough to put a dog owner on notice.

2. Negligence

Even if a dog never attacked someone or behaved aggressively before, its owner can still be held liable for injuries caused by their pet. However, because owners in these situations have no reason to know of the animal’s aggressive tendencies, they will not be held strictly liable for an attack.

Instead, injured plaintiffs must prove that the owner’s negligence caused the accident. In other words, they must prove that the dog owner failed to use “reasonable care” in controlling their dog. The evidence required to prove negligence will vary from case to case.

However, in cases where a dog owner violated an animal control law, injured plaintiffs may argue negligence per se. According to this legal theory, if someone violates a law specifically designed to keep people safe, the violation may serve as automatic evidence of negligence when it leads to an injury. For example, an owner who violates a leash law by allowing their dog to roam freely near a playground may be held negligent per se if the dog attacks a child at play.

3. Criminal Liability

Though Texas does not have a civil statute dealing with dog bite liability, it does have a criminal negligence statute for dog attacks. Specifically, a dog owner may be criminally prosecuted if they:

• Fail to secure their dog and the dog seriously injures another person without provocation while outside of the owner’s property; or
• Know that their dog is dangerous and the dog seriously injures another person without provocation while outside of a secure enclosure.

Violation of these laws is a third-degree felony if the dog injures the victim and is elevated to a second-degree felony if the victim is killed. Penalties are steep. A third-degree felony may result in 2-10 years imprisonment, and a second-degree felony may result in 2-20 years imprisonment. Both may also result in up to $10,000 in fines.

Does Fort Worth Have Local Dog Control Regulations?

Yes, Fort Worth has many animal control laws in place, including for dogs deemed to be “aggressive” or “dangerous.” At all times, owners of aggressive dogs must restrain their pets on a leash in their immediate control or within a secure enclosure. Contact a Fort Worth personal injury lawyer at The Wilhite Firm today.

The rules are much stricter for owners of dangerous dogs. Essentially, these laws are meant to protect the general population from these animals by discouraging their ownership altogether. Owners of these animals must:

• Restrain their dog at all times on a leash in their immediate control or in a secure enclosure
• Muzzle the dog while off the owner’s property in a way that prevents it from biting a person or animal without impeding its vision or respiration
• Purchase liability insurance or otherwise show financial responsibility in the amount of at least $100,000 to cover injuries from an attack
• Register the dog with the local animal care and control authority
• Post warning signs around the dog’s secured enclosure
• Spay or neuter the dog
• Pay an annual $500 fee

What Compensation Is Available for Dog Bite Injuries?

If you were injured in a dog attack, you might be entitled to a wide range of compensation, including economic and non-economic damages. In Texas, economic damages are “intended to compensate a claimant for actual economic or pecuniary loss.” Among other things, this includes medical expenses from the treatment of your injuries. Non-economic damages are more extensive and include:

• Physical pain and suffering
• Mental or emotional pain and anguish
• Physical impairment
• Disfigurement
• Loss of enjoyment of life
• Loss of consortium
• Inconvenience

If the victim of the attack dies, their family and estate may also seek compensation through a wrongful death or survival action. Finally, if the dog owner is found guilty under the criminal negligence statute, they may be ordered to pay the victim restitution.

Is There a Time Limit for Filing a Dog Bite Injury Lawsuit in Civil Court?

Yes. The deadline in Texas for filing personal injury lawsuits, including those involving dog bites, is two years from the date of the incident. Failure to comply with this strictly enforced deadline will have a devastating effect on your right to seek compensation from the at-fault party.

Firstly, the defendant will move to have your case dismissed for untimeliness, a request that a court is required to grant subject to very few exceptions. Second, with the threat of a lawsuit eliminated from your arsenal, your leverage will be destroyed when negotiating an out-of-court settlement with the at-fault party and their insurers.

The best way to avoid finding yourself in this situation is by bringing your case to an experienced attorney as soon as possible after the accident. The personal injury attorneys at the Wilhite Law Firm are ready to evaluate your case.

Contact Our Fort Worth Dog Bite Injury Lawyers

Dog attacks can lead to serious injuries, especially among young children and the elderly. If you have questions about your legal options after suffering a dog bite injury in Fort Worth, contact The Wilhite Law Firm today. Our legal team is ready to evaluate your case and answer your questions in a free consultation.