LUBBOCK – On Saturday at 7:15 a.m. in the Acadia Mobile Home Park, a woman was viciously attacked by two dogs. Blanca Factor was taking out her trash when two supposed pit bulls appeared out of nowhere.
Unprovoked, the animals bit Factor over a dozen times.
Luckily, a man working in the park’s office heard the ruckus and managed to pull the dogs off of Factor. He then called 911.
Responders were forced to shoot the dogs on scene when they tried to attack the paramedics who responded to the call.
According to Factor, she hopes her ordeal will serve as a lesson and a warning to others. Factor doesn’t agree with the way the dogs’ owner raised the dogs or how the owner couldn’t keep them restrained. She worries about an incident like this happening again, not just to herself but to the kids who live in the area. What if they aren’t so lucky?
Can the victim press charges? And if so, will she win?
Sadly, dog bites are all too common in Dallas-Fort Worth. In instances like this, the dogs’ owner is likely to be found at fault for failing to properly restrain their vicious animals.
Lots of lawyers will tell you that you can only make a claim against the negligent owner if you can prove that their animal has previously attacked someone else. While this accurately describes the concept of strict liability, it doesn’t accurately reflect the legal rights of dog bite victims in Texas.
Although strict liability cases are generally easier for a lawyer to pursue, it’s still possible to recover financial damages without proving that the aggressor has bitten someone else in the past. As long as Blanca Factor and her lawyer can prove that the dogs’ owner was negligent – say, they left the back door open and the dogs got out – they have a good claim.
If your lawyer told you that you can’t make a claim for compensation since it can’t be proven that the dog has bitten anyone before, know that – simply put – they’re wrong. There is often significant money at stake in a dog bite attack case, so it’s important to hire an attorney who accurately understands Texas dog bite law and who is prepared to aggressively fight to recover the maximum compensation possible for your injuries.