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
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.
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.
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.