In Texas, you can only recover financial compensation from a pet owner for a dog bite injury if there is proof that the owner knew or should have known about the dog’s vicious propensities. Meeting this burden of proof requires evidence. You can improve your chances of succeeding in a dog bite injury case when you know what types of evidence to preserve and collect. Make sure to speak with an experienced
San Antonio dog bite lawyer for legal guidance.
Gather Evidence at the Scene
Evidence that is present at the scene of a dog attack can be important to preserve early on, before it gets lost or altered. If you can, after getting to a safe place away from the dog, take photos of your injuries, the animal and the location where the incident took place. If there is any property damage or evidence, such as an open gate or missing leash, capture images of this, as well.
Look around for cameras in the area that may have caught the attack on tape. This can include Ring cameras, security cameras at local businesses, traffic cameras, dashcams and GoPro footage. Collect statements from witnesses, meaning anyone who saw the dog attack you. Write down their names and contact information. Record what happened in your own words, as well, while the attack is still fresh in your mind.
Get Information About the Pet and Owner
Speak with the owner of the dog or the person controlling the dog at the time of the bite injury. Write down their name, contact information and any relevant insurance information – primarily, homeowners or property insurance. These policies will typically cover injuries and damage caused by a policyholder’s dog. Get the dog’s breed information, vaccination status and past bite history, as well.
Receive Medical Care
Always get professional medical care after a dog attack, especially if the dog’s teeth or claws broke your skin. You could be at risk of serious infections and dog-borne diseases, including rabies. Document the medical care that you receive by requesting copies of your records, x-rays and treatment plans. Keep a detailed pain journal where you write down how you’re feeling day by day as you recover.
Contact Your Local Animal Control Authority
Texas uses a
“one-bite rule” to determine liability, or financial responsibility, for a dog bite injury. Under this rule, an injured victim must show that this was not the dog’s first bite incident or exhibition of aggressive behavior. A pet owner will only be held liable for a dog bite injury if there was prior knowledge of vicious tendencies, or if the owner was negligent in some way, such as by breaking local leash laws.
You can obtain official records related to the dog’s past bite incidents by contacting your local animal control authority. You should also
report your dog bite to the authorities for the record. Later, once you’ve been to the hospital, consider returning to the community to ask neighbors about the dog’s behavior, any prior complaints and past aggressive incidents to inform your claim.
Work With an Attorney
Establishing evidence and proving a dog bite injury case can be difficult in
Texas since its laws are not the most victim-friendly. If you or a loved one suffered serious or catastrophic dog bite injuries, it is in your best interest to talk to a Texas dog bite attorney about your claim.
A lawyer can preserve and gather key evidence to support your claim, investigate prior incidents involving the dog, and work with your medical team to prove your injuries. Your lawyer can build a strong legal case on your behalf while you focus on healing. Contact us today for a
free consultation.
