San Antonio Dog Bite Attorney

Dog bites are a common occurrence in San Antonio, and if you have been bitten by a dog, you may be entitled to compensation for your injuries. Dog bite cases fall under the category of personal injury law, and it is crucial to consult with a San Antonio dog bite attorney to understand your legal rights and options.

D. Willis Law Can Help You Receive Compensation

The San Antonio-based attorneys of D. Willis Law have experience, knowledge, and proven results to help you recover damages after a dog bite.

• Attorney Daniel Willis has 15 years of experience representing clients in all types of personal injury cases.
• Attorney Daniel Willis has significant experience working inside the insurance industry and understands how insurers operate.
• We work on a contingency fee basis. Your consultation is 100% free with no strings attached, and you don’t pay any fees if we don’t win your case. No recovery, no fee.

Who is responsible for paying for my dog bite injury?

When a dog bites someone, the dog owner’s homeowner’s/renter’s insurance policy should pay for the victim’s damages. (In some cases, the property owner/landlord may also be responsible for the dog bite if the property owner/landlord knew the dog was dangerous and allowed the dog to be kept on the premises.) “Damages” is a legal term that includes past and future medical bills, lost wages, pain and suffering, mental anguish, etc. Because the typical homeowner’s policy limits are at least $100,000 per person/$300,000 per accident, there is usually enough insurance money to compensate dog bite victims.

However, getting the insurance company to pay a fair amount can be difficult. Dealing with insurance adjusters can be a challenge. The insurance company will attempt to pay a dog bite victim as little as possible. Insurance companies have legal departments dedicated to handling claims such as these. Since the insurance company has lawyers on their side, you should, too. Otherwise, you will be at a severe disadvantage in dealing with the insurance company. Having a San Antonio dog bite attorney on your side will help even the playing field, allowing you to receive a fair settlement.

Tips for Readers Considering Legal Action

If you have been bitten by a dog and are considering legal action, it is crucial to take the following steps:

1. Seek medical attention: Your health and well-being are the top priority. Seek medical attention immediately, even if your injuries seem minor.
2. Identify the dog owner: If possible, obtain the dog owner’s name and contact information. If the owner is not present, ask any witnesses if they know the owner.
3. Document the incident: Take pictures of your injuries, the location where the incident occurred, and the dog if possible. Keep records of any medical treatment you receive.
4. Consult with a dog bite attorney: A qualified dog bite attorney can help you understand your legal rights and options and pursue the compensation you deserve.

Dog bite statistics

Here are some dog bite statistics from the Centers for Disease Control and Prevention:

• Over 36% of U.S. households own at least one dog.
• 20% of dog bites require medical attention.
• 18% of dog bites become infected with bacteria.
• 72% of dog bite fatalities were caused by family dogs

Which breeds are responsible for the most dog bite deaths?

• In 2017, there were 39 dog bite fatalities in the United States.
• 51% of dog bite fatalities involved more than one dog.
• 38% of dog bite fatalities involved 2 or 3 dogs.
• 13% of dog bite fatalities involved a pack of 4 dogs or more.
• 74% of dog bite fatalities involved pit bulls.
• 69% of dog bite fatalities occurred on the dog owner’s own property.
• 15% of dog bite fatalities involved rescued or re-homed dogs.
• From 2005-2017, there were 433 dog bite fatalities in the U.S. Pit bulls and Rottweilers made up 76% of these deaths.

What groups of people die from dog bites most often?

The following dog bite statistics are from 2017, courtesy of DogsBite:

• 62% of dog bite fatality victims were over 21.
• 46% of dog bite fatality victims were 50 or older.
• For adults 21 and over, 75% of fatality victims were female.
• For children 8 years and younger, 73% of fatality victims were male.
• For children 8 years and younger, 67% of fatality victims were under 2 years old.

Dog Bite Claim Statistics

Below are some statistics on dog-related injury claims from 2017, courtesy of CNBC:

• There were 18,522 dog bite claims nationwide.
• There were 929 dog bite claims in Texas.
• California had the most dog bite claims, at 2,228.
• The average insurance settlement for a dog-bite claim in the United States was $37,051.
• The average settlement for a dog-bite claim in Texas was $35,562.
• The total value of dog bite claims across the United States was $686.3 million.
• The total value of dog bite claims in Texas was $33 million.

Texas Dog Bite Law

While some states have a specific law related to dog bites, Texas does not. A Texas dog bite case can be based on negligence or strict liability.

Negligent handling of animals

Texas follows the general “negligence” standard for most dog-related injury cases. Some people also call this the “one bite rule.” This means that a dog owner is not automatically responsible just because their dog bites someone. Instead, the dog-bite victim must prove the following:

• The defendant owned or possessed the dog.
• The defendant failed to exercise reasonable care to prevent the dog from injuring others.
• The defendant’s negligence caused the victim’s injury.

Some examples of negligence from Texas caselaw include the dog owner not attempting to stop a dog attack after the attack had begun, leaving a dog tethered in the front yard (which an expert testified made the dog aggressive), and not keeping a dog under restraint at all times.

Negligence per se for dog bites

Even though the state of Texas does not have a leash law, many cities and municipalities do. If the dog owner violated a statute by not having their dog on a leash, the victim can allege that the violation of the statute (the leash law) caused the victim’s injury. In this case, the victim does not have to prove the dog owner was negligent; only that they violated the statute. This will make the victim’s case easier to prove.

Strict liability for dog bites

If the dog has bitten someone before or acted aggressively before, the victim does not have to prove the dog owner failed to exercise reasonable care or violated a statute. The dog owner is responsible for the dog bite simply because the dog bit someone. This is referred to as “strict liability.” In this situation, the victim must prove the following:

• The defendant owned or possessed the dog.
• The dog had bitten someone or had acted aggressively in the past;
• The defendant knew or had reason to know of the dog’s previous conduct;
• The dog caused the victim’s injury.

A dog owner has two primary defenses they can use if they are sued for strict liability. The first defense is that the owner had no reason to know the dog was aggressive or would bite someone. The second defense is that the dog bite victim was trespassing. These issues often become key in a dog bite lawsuit. Having a San Antonio dog bite attorney on your side can help establish whether or not the dog had been aggressive or bitten someone in the past.

What damages can the victim recover in a dog-bite case?

If you have been bitten by a dog, you may be entitled to compensation for a variety of damages, including medical expenses, lost wages, and pain and suffering. In severe cases, you may also be entitled to compensation for disfigurement, scarring, and long-term disability. Your attorney can help you assess the value of your case and pursue the maximum amount of compensation.

In some cases, the dog owner may try to avoid liability by arguing that the victim provoked the dog or was trespassing. Additionally, the dog owner may argue that the victim assumed the risk of being bitten by interacting with the dog. It is crucial to work with an experienced San Antonio dog bite attorney who can anticipate these defenses and develop a strategy to overcome them.

What is the statute of limitations in Texas for a dog bite case?

The statute of limitations for a dog bite case is 2 years, which is the standard statute of limitations in Texas for a personal injury case. This means your lawsuit must be filed within 2 years of the date of injury or it is barred.

What are the defenses to a dog bite claim?

In some cases, the dog owner may try to avoid liability by arguing that the victim provoked the dog or was trespassing. Additionally, the dog owner may argue that the victim assumed the risk of being bitten by interacting with the dog. It is crucial to work with an experienced dog bite attorney who can anticipate these defenses and develop a strategy to overcome them.

Contact a San Antonio Dog Bite Attorney

Get the Compensation You Deserve for Your Dog Bite Injuries – Contact Our San Antonio Dog Bite Attorneys Now.

“Excellent lawyer. Tough, smart and will never stop fighting for his clients.”
-Steven E.

We handle cases all across Texas

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