At the Law Firm of Aaron A. Herbert, P.C, we understand Texas’ dog bite laws and how to recover the highest possible compensatory award for our clients. If a dog recently attacked you or a loved one in Garland, Texas, we can help you bring a claim to damages against the pet owner. Please contact us today if you wish to schedule a free consultation with a dog bite injury lawyer near you about a possible case.
Why Choose Us?
- We use a personal touch while representing all dog bite injury claimants.
- We have extensive experience, a history of results and positive client testimonials.
- We have a lead attorney who can take dog bite claims to court in Dallas County.
- We accept Garland dog bite claims on a contingency fee basis.
Texas Dog Bite Laws
Texas’ dog bite laws center on the legal theory of negligence. It is up to the plaintiff – or his or her attorney – to prove the dog owner’s negligence to recover damages. Proving negligence may take interviewing witnesses, such as neighbors or other pet owners at a dog park. It may also involve hiring expert witnesses to testify. Our lawyers can help you build a case against a pet owner and present it before a judge or jury as a dog bite victim in Garland.
- The defendant owned or controlled the dog that bit you. You must have evidence that supports the defendant’s identity as the owner or person in control of the dog at the time of your accident. This will give the owner the duty of care to reasonably prevent attacks.
- The dog owner was negligent. The pet owner must be guilty of negligence to be liable for your damages in Texas, such as failing to properly leash-curb or muzzle a dog with known vicious propensities. This is often the most difficult element to prove during a dog bite case.
- You have damages as a result of the owner’s negligence. The dog attack must have given you compensable damages, such as physical injuries, disfigurement, medical bills, lost wages, pain and suffering, or the death of a loved one.
The Texas courts will use the legal theory of strict liability instead of negligence in limited circumstances. If the dog in question was vicious, dangerous or mischievous, the owner may be strictly liable for damages. The owner may have to pay damages even if he or she was not negligent. A dangerous dog is one that has bitten someone in the past.
Criminal Charges for Dog Attacks vs. Civil Liability
In Texas, the city may prosecute a dog owner after an attack if the situation warrants criminal charges. A pet owner may be guilty of a crime if he or she breaks the state’s Health and Safety Code. This code makes it every pet owner’s legal responsibility to secure his or her dogs. It is felony criminal negligence to fail to secure a dog if the dog attacks someone unprovoked on someone else’s property. It is also a felony if the owner knows his or her dog is dangerous and the dog attacks someone outside the dog’s secure enclosure.
A criminal trial against the owner could help your civil case. A conviction may serve as evidence of the owner’s negligence. The Texas courts may also toll, or pause, your statute of limitations to file a claim until the completion of the criminal case. You will typically have two years from the date of your dog bite injury to bring a claim unless an exception to the rule extends your time limit. Speak to one of our attorneys about your deadline. Missing it could result in losing any right to compensation.
Contact a Garland Dog Bite Lawyer Today
Do not wait. Seek justice and financial compensation for your dog bite injury in Dallas County right away, starting with a free consultation at the Law Firm of Aaron A. Herbert, P.C. Contact us online or call (214) 200-4878 now.