Farrah Martinez, PLLC, represents individuals that have been injured or suffered severe damage caused by a dog or any animal owned by an individual. If you or your child has been bitten by a dog or animal, Houston Dog Bite Lawyer Farrah Martinez can assist you. To learn more about dog bites and animal bites we have provided helpful information below.

Texas Dog Bite Law

Texas does not have a specific dog bite law. Most other states have a dog bite statute and many states use the “one dog bite” rule. However, the Texas Supreme Court adopted the Restatement (Second) of Torts § 509. Simply put, it is similar to the “one-bite” rule. The “one-bite” rule is a misnomer and in Texas it does not mean that a dog owner is entitled to one free bite. The dog owner is liable for the injuries caused by their pet if the owner knew or should have known that the pet or dog would likely harm someone or act in a dangerous or aggressive manner.

How Farrah Martinez Proves Your Dog or Animal Bite Case

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  1. Establish proof of ownership
  2. Gather statements from witnesses that were present during the attack
  3. Speak with neighbors
  4. Obtain any records of aggressive or dangerous behavior
  5. Establish proof of ownership
  6. Show Negligence led to the attack

Dog Bites and Animal Bites Caused by Negligence

Negligence is the key to effectively establishing a dog bite case or an animal injury case.

A defense to a dog bite claim is if the injured party entered the owner’s property without permission. Typically, Texas dog bite rules do not apply to trespassers. If a person unlawfully enters the property of another, the owner might not be liable.

Two Key Factors to Prove Your Dog Bite Case

An injured party must prove two key factors:

  1. The dog owner knew or should have known the dog bit a person before or that the dog had acted aggressively or behaved in a manner that would harm someone.
  2. The dog owner’s negligent failure to exercise control over the dog or the owner failed to prevent the bite from happening and that negligence led to the plaintiff’s injuries and losses suffered.

You Have Two Years from the Date of the Bite

Each personal injury case has a “statute of limitations” which simply means the amount of time a person has to bring their lawsuit.   In dog bite injury cases, the statute of limitations is two years from the date of the injury. You would begin counting from the date you were bitten by the dog. However, the longer you wait the more likely witnesses will forget important facts, evidence might be destroyed and neighbors might have moved to a different neighborhood.

For questions, regarding your dog bite cases, contact Farrah Martinez Texas Dog Bite Lawyer at (713) 853-9296.