Identifying A Viable Dog Bite Claim Through An Attorney In Rockwall, TX

by | Nov 3, 2015 | Lawyers

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In Texas, the law identifies how pet owners are required to manage their dogs. The state requires the pet owner to restrain the dog properly to prevent potential injury. However, the laws also protect the dogs from inhumane treatment. When these circumstances lead to a dog bite, an Attorney in Rockwall TX helps the victim file a claim based on these laws.

What is Strict Liability?

Strict liability comes into play when the pet owner knew the dog was dangerous. If the dog attacked a victim previously, the pet owner is aware of aggressive behaviors. Any knowledge that the dog’s temperament could lead to an attack identifies a strict liability against the pet owner.

How to Prove the Pet Owner Negligent

The attorney must prove that the pet owner had previous knowledge of dangerous behaviors. They must discover a report in which the animal attacked another victim. They must also show that the pet owner didn’t take measures to prevent the animal from attacking again. While the state doesn’t have strict laws against dogs, they can order euthanization for dogs that pose a threat to society.

The first step is to report the animal to a medical professional. The doctor providing treatment for the injuries will contact animal control. The county animal control officer requires the pet owner to place the dog in quarantine. This quarantine gives a licensed vet the opportunity to evaluate the dog. If the dog doesn’t show signs of aggressive behavior, he or she is released to their owner.

Why was the Victim Present on the Property?

The victim must prove that they were on the property legally. They must be there based on an invitation by the owner or during the course of their job duties. The victim cannot be trespassing as it is classified as the unlawful entry.

In Texas, the one dog bit applies. These laws allow the court to impose a strict liability against the pet owner. However, certain circumstances must apply in order to use the strict liability in the claim. Victims who need an Attorney in Rockwall TX should contact the Law Offices of Tim Hartley or click here for more information.