San Antonio Dog Bite Attorney

What Are Dog Bite Risks in San Antonio?

On any given day, you can find dozens of dogs walking with their owners along the River Walk or having fun at McAllister Dog Park. Whether you’re visiting shops along West Commerce Street or eating at one of the cafes on Zarzamora Street, you’re bound to run into a four-legged friend.

However, even an otherwise docile dog can attack someone under the right conditions. Unfortunately, some dogs are aggressive, and some dog owners don’t take the necessary precautions to keep others safe from their dogs.

In a recent year, Animal Care Services reported more than 3,000 dog-bite cases in San Antonio. Over 400 of those bites required hospitalization, and two people died from their dog bite injuries. Incidentally, only 101 of those cases came from dogs with a reputation for aggression and violence, which shows that virtually any dog can attack at any time.

What Are Texas’s Dog Bite Laws?

Unlike most other states, Texas does not have statutes that govern dog bites or dog bite liability. However, Texas courts have ruled that dog bite injury victims may hold the dog owner liable in the following circumstances:

Strict Liability and the One-Bite Rule: Some states follow a one-bite rule, which essentially absolves a dog owner's liability from a first bite if they do not know the dog is dangerous or aggressive. Other states follow a strict liability rule that allows injured parties to hold the dog owner liable no matter whether the dog has ever bitten anyone before.

Texas follows a modified version that incorporates both rules to a degree. If the dog has bitten someone before and is labeled as dangerous, the injured party would not have to prove the dog owner’s negligence to pursue damages—only that the dog was known to be dangerous.

An injured party needs to establish the dog previously bit someone or tried to, and that the owner was aware of the dog’s propensity toward aggression.

Negligence Per Se: Even if the dog owner had no idea their dog was aggressive or dangerous, you could still hold them liable under negligence per se. To prove negligence, your attorney needs to show that the owner’s dog injured you and that the attack occurred because of the dog owner’s irresponsibility. A good example is if the dog owner didn’t keep their dog on a leash and it attacked you.

Landlord Liability: In some cases, you may hold the landlord of the property liable for your dog bite injuries. If they know an aggressive dog lives on the premises and won’t take the necessary precautions to keep visitors or other residents safe, your attorney could hold the landlord accountable as well as the dog owner.

Determining liability following a dog attack in Texas is not always straightforward, and it can be challenging to build a solid case without having in-depth legal knowledge and experience. Additionally, the dog owner or their insurance company may try to claim that you caused the dog to attack by provoking or antagonizing it.

Hire an experienced attorney in San Antonio for help establishing liability on the dog owner and getting the compensation you need.

What Kinds of Compensation Can I Get for My Dog Bite Injuries?

If you suffer injuries from a dog bite, you may recover compensation to cover medical expenses, lost income, and other damages. The specific compensation available can depend on the circumstances of the incident and the laws in your jurisdiction.

Here are common types of compensation for dog bite injuries:

• Medical Expenses: Compensation for all reasonable and necessary medical expenses related to treating the dog bite injuries, including hospital bills, doctor's visits, surgery, medications, and therapy.
• Future Medical Costs: If your injuries require ongoing treatment or future medical care, compensation may cover these anticipated expenses.
• Lost Income: Reimbursement for income lost due to missed workdays or the inability to perform your job during your recovery.
• Pain and Suffering: Non-economic damages to compensate for physical pain and suffering, emotional distress, and mental anguish resulting from the dog bite.
• Disfigurement or Scarring: Compensation for any permanent disfigurement or scarring resulting from the dog bite, which may affect your appearance and emotional well-being.
• Property Damage: Coverage for damage to personal property, such as torn clothing or items damaged during the incident.
• Loss of Consortium: Compensation for the negative impact the injuries may have on your relationship with your spouse or family.
• Psychological Counseling: Coverage for the cost of therapy or counseling to address any psychological or emotional trauma resulting from the dog bite.
• Legal Fees and Costs: In some cases, the responsible party may be required to cover your legal fees and court costs associated with pursuing the dog bite claim.
• Punitive Damages: In cases involving gross negligence or intentional misconduct by the dog owner, punitive damages may be awarded to punish the responsible party and deter similar behavior.

To pursue compensation for dog bite injuries, it's crucial to consult with a San Antonio personal injury attorney who handles dog bite cases. They can explain your rights, gather evidence, and navigate the legal process to seek the compensation you deserve.

How Long Do I Have to Sue a Dog Owner in San Antonio for My Dog Bite Injuries?

In San Antonio and throughout Texas, you generally have two years from your injury to file a lawsuit in civil court. This applies to dog bite cases if you need to sue the dog owner or their insurance company. Certain exceptions may apply, such as in cases involving minors. Also, claims against government entities typically have far shorter deadlines.

Contact a San Antonio dog bite attorney as soon as possible. If you miss the deadline for filing a lawsuit or claim, you will forfeit your right to pursue compensation.