In some states, a dog’s owner can be held strictly liable for a dog bite injury, meaning financially responsible without the victim needing to prove fault or negligence. However, Texas is not one of those states. Texas uses a one-bite rule that requires evidence against the pet owner. Video footage can provide a valuable source of evidence to prove your dog bite injury claim. Make sure to speak with an experienced dog bite lawyer in San Antonio.
What Must Be Proven in a Texas Dog Bite Claim?
Under the one-bite law in Texas, to recover financial compensation from the owner of a dog after a serious bite injury, the injured person must show that the owner knew or reasonably should have known that the dog had the propensity to attack. The dog must have bitten someone previously or otherwise shown prior signs of aggression to hold the owner liable for a new bite injury. In other words, dogs get one “free” bite.
To win a dog bite injury case in Texas, you generally must have evidence that the owner of the dog should have known that the dog had a propensity for viciousness. Another option is proving negligence, or a breach of the pet owner’s duty of care. If the pet owner was violating a local leash law at the time of the attack, for instance, this could be proof of negligence that holds the pet owner responsible for your medical bills.
How Can Video Footage Help Prove a Dog Bite Injury Claim in Texas?
Video footage can provide clear and indisputable evidence to support your dog bite injury claim in Texas. Video footage of the actual attack or what the dog and owner were doing in the moments leading up to the bite can support your version of events. This can be extremely valuable when your case hinges on your ability to prove the owner’s knowledge or negligence.
If you have a clear video that shows exactly how the attack happened or the owner failing to properly restrain the dog, for instance, this can be persuasive to an insurance company, judge or jury. Footage of the dog displaying aggressive or vicious behaviors prior to your attack could also help you establish the dog’s history of aggression.
Potential Sources of Dog Bite Footage
In general, if video footage is unedited, untampered with and relevant to the case, the courts will allow it to be submitted as evidence during a dog bite injury claim. In the aftermath of a harmful dog attack, look around for potential sources of video footage. This may include:
- Cell phone footage from eyewitnesses
- Ring, Nest or other doorbell cameras
- Business security cameras
- Traffic surveillance footage
- Public security cameras, such as at a school or city building
- Dashcam footage from nearby vehicles
- GoPro footage
Thanks to the widespread use of cameras nowadays, it is relatively likely that your dog attack or other relevant evidence was captured on video. You can contact a dog bite injury attorney to help you search for, preserve and collect relevant video footage to support your injury claim.
How to Legally Obtain Video Footage of a Dog Bite Incident
Many types of cameras automatically overwrite old footage, sometimes as soon as within 24 hours. Therefore, it is critical to act quickly to preserve footage relevant to your claim. You can start by speaking directly to the owner of the building or property that has the camera.
Ask if you can obtain a copy of the footage. If the location is a business, ask them to preserve security recordings around the time of your accident. A dog bite injury attorney can help you preserve and collect video evidence to help you resolve a dispute or prove your claim, such as by sending a Letter of Preservation to the owner of the footage.
A Letter of Preservation requires the owner to legally retain relevant video footage and submit it as evidence when requested. If the defendant is not complying with a request for footage, your attorney can subpoena the video and require the defendant to cooperate. Contact us today for a free consultation.