Multiple cases of dog bites In El Paso Tx
Over the past few years, the city of El Paso’s courts and judges have encountered multiple cases of dog bites, and even some reported fatalities after injuries sustained in animal / pet attacks.
But unfortunately, liability in these cases is often not as easily determinable as in other personal injury lawsuits. In an auto accident, for example, culpability for damages sustained in the collision can usually be traced to one of the people or parties at the scene.
Many times, animal attacks are less discernible and require the legal guidance of a West Texas dog bite & animal attack lawyer.
A dog bite victim should file a medical report with local animal control after being treated for the bite. El Paso residents should file their reports with the City of El Paso Animal Services.
Hazardous Dog Facts:
A dog owner may be charged criminally and is civilly liable under the Texas Health and Safety Code section 822.005 if a dog bite causes severe injuries.
It is reported that a dog bite takes place every 75 seconds in the United States!
In the United States, the CDC estimates that nearly 4.5 million people are bitten by dogs each year. Dog bites often cause infections. One in five bites results in infection. Many things can turn a dog aggressive and trigger it to bite others. The reasons can be the feeling of being threatened, protective, or unwell. Dog bites represent over 90% of all recorded animal bites. Just one rough game with your dog can make them bite you.
- The number of people bitten in the past is unknown, but it is believed that not many of them sustained injuries severe enough to require medical attention;
- Children under 12 are the most commonly bitten
- 10% of those bitten and 20% of those killed are over the age of 70.
- Dog bites caused by domesticated dogs make up most of the Texas Department of Health cases each year.
Texas – One Bite Rule
As the name, One bite suggests, that rule holds that an animal gets one free bite. But, after that, the owner is supposed to be aware that the animal may be vicious and is hence responsible for any other injuries caused by the dog.
According to Texas law, dog bite victims can seek compensation if the owner was negligent; that is, he or she was unaware that the animal was dangerous. In addition to these situations, if you fail to keep your dog on a leash in public areas or let them roam into dangerous areas, this is also negligence.
Dog bites can lead to serious complications.
A dog bite can cause further complications if it is not treated in the following days and weeks. According to the Centers for Disease Control and Prevention, dog bite injuries are most commonly complicated by infections. Commonly contracted illnesses and infections include:
- Rabies – An infection that is primarily fatal in most cases
- Capnocytophaga spp.- A kind of bacteria dogs carry in their mouths. It can spread through bites
- Pasteurella – A bacterium that can cause dog bites to become infected
- MRSA – An antibiotic-resistant strain of bacteria that is potentially fatal.
- Tetanus- A toxic bacteria that can cause paralysis.
An infected bite also leads to the death of the cell tissue surrounding it, requiring amputation of the affected area.
Things To Do if a Dog bit you:
- Keep the animal insight and try to locate its owner. Ask for the owner’s contact information, preferably verified by a photo ID.
- Wash the wound with soap and warm water immediately.
- Your tetanus shots should be up to date.
- Visit a doctor or hospital to receive medical attention.
- In addition to maintaining copies of all medical records and any other relevant evidence, retain the services of an El Paso dog bite attorney if necessary.
- The website DogsBite.org offers more information on dog bites and victims.
Dog Bite Injuries
Dogs are often considered “man’s best friend,” yet they can cause serious harm to individuals. Some dogs are perceived as more aggressive toward humans than others, including pit bulls, German shepherds, and Rottweilers. However, any dog can bite or attack someone.
Injuries caused by dog bites or attacks may include:
- An abrasion
- Lacerated wounds
- Loss of tissue
- Fractured bones.
- Muscle strain or sprain
- Permanent disfigurement
- Wide variety of infections, including rabies and tetanus
The psychological effects of dog bites — especially in younger children — can include post-traumatic stress disorder, anxiety, difficulty sleeping, or a debilitating fear of animals. The incident may haunt a victim of an animal attack for months, years, or even for their entire lifetime.
Reasons To Hire a Dog Bite Lawyer
In Texas, dog bite claims have a two-year statute of limitations from the date of the dog bite. So it is imperative to file a case within this stipulated period, failing which the injured victim will not be able to get any compensation.
There are always challenges in dog bite cases, and you might not have intended to get compensation in the first place. The medical bills, emotional trauma, and the fear of the dog biting someone else are valid reasons for taking legal action. Getting legal representation for a dog bites not only protects you or your child’s rights but also provides a clear road to justice.
Here are reasons you should consider working with a dog bite lawyer:
- An attorney will help you understand the law.
- Since Texas doesn’t have a statute covering animal biting, it can be difficult to determine if liability exists. A lawyer is there to carry out the investigation
- A lawyer can help you gather necessary evidence as proof for damages and get compensation. It is not as simple as filing an initial claim. Research and substantial support for damages and compensation are required for most investigations.
- To prove negligence, a good dog bite lawyer will investigate your case and interview witnesses. They will also gather other necessary facts to validate your action.
What Does The Law Say?
There are a few important factors to take into consideration when attempting to place a monetary amount on an animal attack claim. And each state has its own specific set of statutes related to dog bites and animal injures.Texas statutes and El Paso local laws uphold that a dog is considered the property of his/her owner. This means that the owner assumes responsibility for injuries sustained if the dog attacks.Dog bite laws in Texas generally uphold that the owner of the animal should be held responsible for damages caused by their animal. Dog bite laws in Texas state that the dog owner is liable for damages accrued by the victim as long as his/her lawyer can prove one of these:
- The owner had prior knowledge of the dog’s dangerous behaviour and acted negligently/failed to warn or prevent
- There was a violation of a leash law
- The owner caused the injury
Dog Bite Injury Claim Types in El Paso
- The state of Texas provides the choice of a strict liability or negligence claim for dog bites.
- Injury victims/plaintiffs must demonstrate that the dog owner (or dog walker) acted negligently, which caused injuries to them. If a dog has been inappropriately restrained or ill-treated or has been neglected by its owner, that person is negligent. Or, if the owner has not intervened during the attack, they are negligent.
- If the injured victim has sufficient evidence to prove the dangerous dog’s tendency to bite, the owner of the dog can be held responsible for the attack.
Our El Paso Dog Bite Attorney will Ascertain the Damages
A West Texas dog bite & animal attack lawyer will be able to examine where the incident took place (on whose property) and whether the animal’s owner could have taken action to prevent your damages.
If you have been bitten or injured, some common damages you may be able to claim from an animal’s owner could include:
- Rehabilitation / Treatment costs
- Medication expenses
- Pain & suffering
- Emotional harm
- Time away from work (loss of wages)
- Wage / Job loss (in the event your injuries alter your ability to work and affect your employment status
Role Of Our El Paso Dog Bite Lawyers In Establishing Liability
Perhaps the most important aspect of any animal attack case is determining liability.
The key to establishing liability with the help of an experienced Texas dog bite lawyer lies in the effective evaluation of an owner’s awareness and active prevention.
An El Paso personal injury lawyer can help you determine if the dog or animal has ever indicated any prior inclination towards violence before the incident. Establishing whether the owner properly warned you of an animal’s violent tendencies (if present) is another important factor in determining liability in an animal attack.
Our El Paso Dog Bite Lawyer Is Here for You!
For a free consultation with one of our dog bite attorneys, contact the West Texas dog bite & animal attack lawyers at Carabin Shaw.
The careful guidance of an experienced animal attack attorney is the best way to ensure you are able to effectively recover maximum compensation.
Call the team of lawyers from Carabin Shaw today at our El Paso office at 915.779.2301. We also have representatives standing by to answer your questions around the clock at our toll-free number, 1.800.862.1260.
Frequently Asked Questions
Dog bite cases vary based on the severity of the injuries and the financial implications, such as ongoing surgeries or permanent scarring. Each case is evaluated separately by our dog bite lawyer in El Paso to determine the overall amount you can seek from the dog owner.
It is crucial to seek medical attention immediately if a dog bites you in El Paso. It is also essential to collect the name and address of the dog’s owner and note the location where the bite occurred. Take a picture of the injury, print a copy of the owner’s veterinary records, and ask the owner for their insurance information.
Homeowner’s insurance policies will cover dog bite damages for the dog owner if their pet injures anyone. Our Carabin Shaw dog bite lawyers in el Paso will try to determine the dog owner’s finances if they do not have homeowners insurance and if his/her dog injures you.
At Our Carabin Shaw law offices, we provide free initial consultations for all personal injury cases, including dog attack cases. During your consultation, we try to get insight into how the incident occurred, what injuries were caused, collect backup medical records supporting the injuries, get recorded statement of witnesses, and look for any other property damages to file a successful lawsuit.
Typically, It will take one to three months for a straightforward dog bite case to get the settlement. Depending on your injuries, it may take much longer. A dog bite settlement may cover medical expenses too.