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Winning Your Texas Dog Attack Case: Proving Owner Negligence


Winning your personal injury claim for compensation in a Dallas-Fort Worth dog attack case is not as clear-cut as other personal injury cases, such as a truck wreck or accidental gunshot claim. Many lawyers think that the only way to win a dog bite or mauling case is to prove that the dog in question has previously bitten and injured someone. That is not the case. While establishing strict liability (that the dog had preexisting vicious tendencies) is perhaps the easiest way to prove the dog's owner or possessor was responsible, that may not always be the case. In those situations, your attorney must prove that the dog owner was negligent.

The dog's owner can be found guilty of negligence if their handling or keeping of the animal contributed to the attack. In instances of negligent handling, Texas law requires your attorney to prove that the dog's owner breached their duty to exercise reasonable care to prevent the animal from injuring others and that it was their breach of this duty which proximately caused the injuries to occur. A common scenario is where an owner allows their dog to run free around their neighborhood, despite the fact they should have known that it was possible that their dog might attack someone if unsupervised.

Even if the dog's owner was present at the time of the attack, they can still be found guilty of negligence. If their dog attacked a pedestrian in a park, for example, and the owner failed to render aid during the attack, that would be considered an act of negligence. Similarly, if the dog attacked a child who was in the care of their owner, the owner would be negligent since they failed to provide the duty of care which is expected of them (protecting the kid from the animal).

Dog attack cases which rely on proving negligence on behalf of the owner or possessor of the vicious animal differ from strict liability cases since the victim may often be attacked on the dog owner's property. In those cases, the standard rules from general liability cases apply. If the entrant's status is that of either invitee or licensee (that is they have permission to be on the property) then they are able to make a claim that the owner was negligent. If, however, they were a trespasser then they are far less likely to be awarded any compensation by a jury if the case goes to trial.


It's also worth noting that landlords have a duty to protect their tenants from vicious dogs, regardless of whether they are the actual owners of the animal in question. A claim of negligence can be brought against a landlord if the dog attack happened in a common area under control of the landlord and the landlord had knowledge of the dog's vicious propensities.

If you or a loved one has been hurt as a result of a dog attack, you should consult with an experienced DFW personal injury and wrongful death lawyer as soon as possible so that you can be informed of all your legal rights and responsibilities as an animal attack victim. Call us toll free at 800-354-6275 or call locally in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000.


Other Articles You Might Be Interested In:
Strict Liability: Making a Claim against a Vicious Dog Owner
Common Dog Bite & Dog Attack Scenarios
Damages Recoverable in Texas Dog Bite or Dog Attack
Making A Claim Against Your Neighbor
Is There A Deadline For Submitting A Personal Injury Claim?




The Anderson Law Firm offers free no obligation consultations to people injured in accidents or who have suffered physical harm as a result of someone else's actions. We do not charge you to initially discuss your situation and establish whether you have a claim to pursue. You can call us and discuss your case over the phone, we can set up an appointment for you to come into our office, or we can visit you in your home anywhere in the metroplex.

If after meeting with us you decide that we are the best personal injury lawyer for you, then we will enter into a contingent fee agreement. This means that we only get paid when we win a settlement or jury verdict in your favor. You don't pay us anything up front. We will cover all expenses spent working on your case. Only when we win for you will you need to pay us. If we don't win, then you owe us nothing.

Contact us online now or call us 24 hours a day toll free on 1-800-354-MARK (1-800-345-6-275). You can also call us locally in Fort Worth on 817-294-1900 or in Dallas on 214-327-8000.


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