While dogs are known for being adorable and affectionate, this isn’t always the case. Sometimes dogs can turn aggressive and bite someone. When someone is injured by a dog, they may wish to bring a case against the owner. In order to recover for their injuries, they must prove that the defendant was negligent; that he or she had a duty of care but failed to meet that duty.
Put simply, a dog bite victim must demonstrate that:
- The dog’s owner knew or should have known that the dog had acted aggressively and/or had bitten someone previously;
- The dog’s owner had a duty to take reasonable care in order to control their dog and how it behaves;
- The dog’s owner was negligent by failing to meet that duty; and
- That failure led to the victim’s injuries.
How Can a Victim Prove Prior Aggressive Behavior?
If you have been bitten by a dog, your first step is to prove that the dog’s owner knew or should have known of the dog’s prior aggression or attack. But how can the victim know about and prove this? It may be helpful to contact local animal control, obtain statements from animal behaviorists, and compile any witness testimony.
Owner Defenses Against Dog Bite Claims
Still, dog owners may raise a few different defenses against your claim. Such defenses include:
- No Prior Knowledge – There was no prior knowledge that the dog had been aggressive or bitten anyone
- The Victim Was Trespassing – The victim was trespassing on property at the time that they were attacked/bitten by the dog.
- The Victim Was Provoking the Dog – The victim was provoking the dog at the time of the attack and is therefore partially to blame for his or her injuries.
Each dog bite case differs depending upon the specific facts. It can be difficult to prove the elements of negligence in such a case. It may therefore be in your best interest to consult with a Texas personal injury attorney who has experience dealing with dog bite cases.
The Attorneys at Ceja Law Firm Help Those in Houston Who Have Been Injured in an Accident
If you or a loved one has been injured from a dog bite due to the recklessness or negligence of the owner, it’s vital that you understand to what you are entitled under the law. With this information under your belt, you can make the important decisions regarding how you want to move forward. That’s why it’s in your best interest to consult with a knowledgeable and experienced Texas personal injury attorney.
At Ceja Law Firm PLLC, we understand the impact that a dog bite can have on many parts of your life and the importance of properly dealing with such negligence or recklessness. That’s why we will work to get you the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!