Filing a lawsuit for a dog bite depends on several key factors, including local laws, the circumstances of the bite, the severity of injuries, and the dog owner’s liability. Understanding the conditions that allow for legal action can help determine whether you have a valid case. Lastimado Texas presents an overview of the considerations below.
Dog Owner’s Liability
It would be best if you established the dog owner’s liability to pursue legal action. There are various situations where an owner could be considered liable for a dog bite. Some of these include:
Failing to restrain the dog: If the dog was unleashed in an area that requires leashing or escaped from the owner’s property, this could be a basis for liability.
Violation of local ordinances: In some jurisdictions, dog owners are required to muzzle certain breeds or adhere to other regulations, and failing to comply can make them liable.
Negligence: If the owner knew that their dog had a tendency to bite or act aggressively but failed to take precautions (like warning others or properly securing the dog), they can be found negligent.
If these conditions are met, you may have a valid claim for a dog bite lawsuit.
Severity of Injuries
The severity of your injuries will play a significant role in determining if a lawsuit is feasible. Minor bites that don’t require medical treatment may not justify the time and cost of litigation. However, serious injuries such as deep lacerations, infections, nerve damage, or emotional trauma could lead to substantial medical bills, lost wages, and long-term physical or psychological impacts. These factors strengthen your case for pursuing legal action. To file a lawsuit, it’s critical to document the extent of your injuries. Seek immediate medical attention and keep records of all treatments, prescriptions, and related costs.
Provocation & Trespassing
In many cases, whether you can file a lawsuit depends on your role in the incident. If the dog bite occurred because you provoked the dog—by teasing, hitting, or threatening it—this could reduce or eliminate the dog owner’s liability. Similarly, if the bite occurred while you were trespassing on the dog owner’s property or engaging in illegal activities, you may have a harder time filing a lawsuit. However, exceptions exist for children and delivery personnel, who are often afforded additional legal protections.
Insurance Considerations
Many dog bite lawsuits are settled through homeowner’s or renter’s insurance. Most insurance policies cover dog bites, so before filing a lawsuit, consider filing an insurance claim. If the dog owner has insurance, they may settle the claim rather than face legal action. Settling through insurance can lead to faster resolution and compensation for your injuries. However, if insurance coverage is denied, or if the dog owner’s insurance policy has a breed-specific exclusion, a lawsuit might be necessary to recover compensation.
Personal Injury Attorneys in Dallas / Fort Worth, TX (Just Minutes from Carrollton, Richardson, Farmers Branch, Garland, Irving, Mesquite, Grand Prairie, Duncanville, Hutchins & DeSoto, Texas)
To determine if you can file a lawsuit for a dog bite, you must consider factors like the local laws governing dog bites, the owner’s liability, the severity of your injuries, and whether you provoked the dog or were trespassing. Consulting with a personal injury attorney is the best way to assess the strength of your case and ensure you meet legal deadlines. Filing a lawsuit may lead to compensation for medical bills, pain and suffering, lost wages, and other damages if the dog owner is found liable. If you have been bitten by a dog, give Lastimado Texas a call and see what we can do about your situation.
