Dog Bites Attorney Shane McClelland Will Fight by Your Side

Katy Dog Bite Lawyer

Holding Negligent Dog Owners Accountable

Though dogs are “man’s best friend,” they can also cause serious injury or death if they bite people. The Centers for Disease Control and Prevention (CDC) states that more than 4.7 million people are bitten by dogs each year in this country. Out of those 4.7 million annual dog bites, 800,000 of them require medical attention, and half of those victims are children.

If you or a loved one was bitten by a dog and sustained a serious injury, you may be entitled to pursue an injury claim. The Law Office of Shane McClelland can help you with this. Our Katy dog bite attorney fights hard to help his clients get the compensation they need to recover.

Give us a call at (713) 242-1302 to learn more about your options moving forward.

Dog Bite Laws in Texas

Each state has its own dog bite statutes and established common law. Texas is in the minority of states in this country that is a “one-bite” state. As the name suggests, if the dog has already bitten a person in the past, the dog owner can be held liable for subsequent bites. That is the easiest case scenario. For instance, if a dog has already bitten five mailmen, then the sixth mailman who gets bitten should not have much trouble holding the dog’s owner liable for his injuries.

If the dog has not bitten people before, things get more complicated. In this case, we may ask whether the dog owner should have known that the dog would likely bite someone. This would be based on previous behavior of the dog, such as several close calls in the past. Another way to find a dog owner liable for the injuries resulting from a dog bite is if the dog bit the victim in circumstances where the dog owner was violating certain law or ordinances. A common example would be local leash laws.

Establishing Negligence

If none of the above situations can be proven, the dog bite victim can always turn to general negligence personal injury or premises liability principles.

To successfully prove that someone else was negligent in causing a personal injury in Texas, you must prove that:

  • The negligent person owed a legal duty to you
  • The negligent person breached that duty to you
  • The breach of that duty caused your injury

The circumstances can vary greatly, but generally speaking, the dog bite victim would need to show that the dog owner was negligent in allowing the circumstances to arise in which his dog bit the victim.

Lillian’s Law

Texas passed a law in 2007 called “Lillian’s Law” (named in the memory of Lillian Stiles, a 76-year old woman who was mauled to death by a pack of pit bulls). The law states that a person is guilty if they, with criminal negligence, fail to secure their dog or dogs, and the dog makes an unprovoked attack on another person at a location other than the owner’s property and the attack causes serious bodily injury or death to the other person.

Additionally, a dog owner is guilty if he knows that the dog is dangerous and the dog makes an unprovoked attack upon another person outside a secured enclosure for the dog and the attack results in serious bodily injury or death.

Violation of Lillian’s Law is a third-degree felony, unless the result is death, in which it becomes a second-degree felony.

Call the Law Office of Shane McClelland

Dog bite cases can vary greatly depending on the facts of each case. If you have been bitten by a dog or your child or family member has suffered an injury from a dog bite, our Katy dog bite attorney can investigate the facts of the case and help you pursue compensation for your injuries.

Call us at (713) 242-1302 for a free initial consultation today.

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