Dog Bite Attorney in Dallas
According to the American Veterinary Medical Association (AVMA), nearly 40 percent of households in the United States own a pet dog. There are over 76 million of these beloved pets nationwide.
Unfortunately, the popularity of pet dogs does not eliminate the possibility that they may sometimes attack. Although dogs are often considered members of the family, even seemingly gentle dogs can bite or attack, leaving victims with painful injuries, psychological trauma, and costly medical bills. You need to get in touch with one of our Dallas dog bite injury lawyers today.
We have some of the Best Dog Bite Lawyers in Dallas
If you were injured in a dog attack at no fault of your own, you are likely entitled to compensation for your injuries. The dog bite attorneys at The Wilhite Law Firm are committed to providing excellent legal representation to injury victims throughout Texas. Contact our office today for a free consultation with an experienced Dallas dog bite lawyer.
How Common Are Dog Bites in Dallas?
Dog bites are all too common in the United States. According to the Insurance Information Institute (III), about 4.5 million people are bitten by dogs each year. In 2021 alone, nearly 18,000 dog bite claims were filed nationwide, costing home insurance providers almost $892 million in payouts.
In that same year, there were 1,003 dog-bite claims filed in Texas, the third-highest number in the nation after California and Florida. The average cost of each claim was $39,884, and the total value of all claims filed reached $40 million.
Postal workers and delivery drivers are particularly vulnerable to dog bites and attacks. According to the United States Postal Service (USPS), nearly 6,000 postal workers were attacked by dogs throughout the country in 2019. Forty postal workers were attacked by dogs in Dallas that year, the fifth-highest number of attacks of all cities in the country. If you were injured by a dog bite, don’t hesitate to talk with one of our dog bite attorneys today for free.
How Can a Dog Owner Be Held Responsible When Their Dog Attacks?
In Texas, there are three main routes to holding a dog owners responsible for injuries caused by their pets: the “one-bite rule,” civil negligence, and criminal negligence. This section addresses each route in turn.
1. The “One-Bite Rule”
Though the Texas legislature has not enacted a statute specifically outlining civil liability for dog attacks, the Texas Supreme Court addressed the issue when it adopted the so-called “one-bite rule” in the case of Marshall v. Ranne (1974). According to this rule, if the dog owner knew or should have known that their pet is dangerous, they may be held strictly liable when the pet injures someone in an attack. One previous attack or show of aggression is enough to put the dog owner on notice.
2. Civil Negligence
Just because a dog has never attacked someone before does not mean its owner gets off the hook in the event of a first attack. In these cases, injured victims may still try to hold the owner accountable by arguing that they were negligent.
Negligence arises when a dog owner fails to take reasonable care to ensure that their dog does not hurt anyone. In cases where the owner violated a law meant to keep people safe — for example, by failing to keep their dog leashed at a public park in violation of a city ordinance — the violation itself may be evidence of negligence.
3. Criminal Negligence
Though Texas has no statute on the books outlining civil liability for dog attacks, it does have one outlining criminal liability. Conviction under this statute leads to serious legal consequences. Specifically, a dog owner can be charged with a felony if:
- They fail to secure their dog and the dog causes serious injury or death in an unprovoked attack while at a location other than the owner’s
- They know the dog is dangerous and the dog causes serious injury or death in an unprovoked attack while outside of a secure enclosure.
The dog owner can be charged with a third-degree felony if the attack results in serious injuries and a second-degree felony if the victim is killed in the attack. A third-degree felony may result in anywhere between 2-10 years imprisonment, and a second-degree felony may result in 2-20 years imprisonment. Convicted defendants may also be fined up to $10,000.
What Compensation Is Available for a Dallas Dog Bite Claim in Dallas?
The compensation available for a dog attack will vary widely depending on the nature of the attack. For context, the Association of Professional Dog Trainers (ADPT) categorizes dog attacks into six levels based on severity:
- Level 1 – Obnoxious or aggressive behavior but no skin contact by teeth.
- Level 2 – Skin contact by teeth present, but no vertical skin punctures. Scratches, nicks, and slight bleeding may be present.
- Level 3 – One to four puncture wounds from a single bite. No puncture is deeper than half the length of the dog’s canine teeth. Cuts may be present due to the victim pulling away from the dog or the owner pulling the dog away from the victim.
- Level 4 – One to four puncture wounds from a single bite. At least one puncture wound is longer than half the length of the dog’s canine teeth. Deep bruising and cuts may be present.
- Level 5 – Multiple-bite incident with at least two Level 4 bites or multiple-attack incident with at least one Level 4 bite in each.
- Level 6 – The victim is killed.
The more severe the injuries a dog attack victim sustains, the more compensation they may be entitled to. Depending on the case, dog bite victims may be compensated for:
- Medical bills
- Lost wages
- Lowered earning capacity
- Long-term disability
- Scarring and disfigurement
- Pain and suffering
- Psychological trauma
- 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. Contact one of our Dallas dog bite lawyers today.
Is There a Time Limit for Filing a Dog Bite Injury Claim in Dallas?
Yes. In Texas, the statute of limitations gives you two years from the date of a dog attack to file a personal injury lawsuit. If you try to file your case after the deadline passes, it will most likely be dismissed in court.
Though most dog bite injury claims are settled out of court, it is still very important to preserve your ability to sue in case a fair out-of-court settlement cannot be reached. This means that it is essential that you comply with the governing deadline. Failure to do so will severely limit your legal right to compensation. Our Dallas personal injury attorneys will help.
Contact Our Dallas Dog Bite Attorneys Today
Again, though dogs are beloved pets throughout the country, this does not eliminate the possibility that they may sometimes attack. If you were injured in a dog attack at no fault of your own, chances are you are entitled to compensation from the pet owner. Do not wait to speak to a personal injury attorney. Contact the Dallas dog bite lawyers at The Wilhite Law Firm for a free consultation today.