Consulting with an experienced dog bite lawyer is essential to pursue the best outcome for the victim of dog bite cases.
Successful dog bite cases require careful preparation, strong evidence, and legal expertise.
Dog Bite Lawyer Representing Victims of Negligence Dog Owner
Dan Moore, a Texas dog bite lawyer, utilizes the latest and best technologies for advanced investigation and accident reconstruction to ensure the judge and jury completely understand the causes of the accident and the negligent behaviors that led to and contributed to the dog bite accident.
Contact The Law Office of Dan Moore if you or a loved one was bitten by the dog of the negligent owner.
Overview of Dog Bites
Dogs have shared their lives with humans for more than 12,000 years and that coexistence has contributed substantially to humans’ quality of life. In the United States, there are more than 53 million dogs sharing the human-canine bond, more dogs per capita than in any other country in the world. Unfortunately, a few dogs do not live up to their image as mankind’s best friend.
According to the American Veterinary Medical Association, an estimated 4.7 million people are bitten by dogs each year, with an estimated 800,000 requiring medical attention. Children account for approximately half of all dog bite victims with the elderly being the second most common group of victims.
Direct costs of dog bite injuries are high, including the cost of medical care, insurance costs, workmen’s compensation claims, lost wages, and sick-leave associated business costs, among others.
Almost half of all dog bites are provoked, regardless of whether the victim is a child or an adult. What constitutes provocation for a dog can be very different from what a human would consider provocation.
What Are the Principal Factors Necessary To Make a Successful Dog Bite Case in Texas in 2023
Successfully pursuing a dog bite case in Texas typically involves several key issues that must be considered and addressed.
Keep in mind that laws regarding dog bites vary by jurisdiction, so it’s important to consult with an experienced dog bite lawyer who specializes in personal injury law and is knowledgeable about the specific laws in your area.
Here are some principal issues to consider in a successful dog bite case:
- Identifying the Dog Owner: Determine the identity of the dog owner or person responsible for the dog at the time of the incident. This is crucial for legal liability.
- Proving Liability: To establish liability, you generally need to demonstrate that the dog’s owner was negligent or that the dog had a history of aggressive behavior, and the owner failed to take reasonable precautions.
- Severity of Injuries: The extent and severity of the injuries sustained by the victim play a significant role in the case. Document all medical records, treatment costs, and any long-term effects of the injuries.
- Witnesses: Eyewitnesses to the incident can provide valuable testimony regarding the circumstances of the attack. Their statements can corroborate your version of events.
- Animal Control Records: Check if there are any prior reports or complaints about the dog’s behavior with local animal control or law enforcement agencies. This can be used to demonstrate the dog’s history of aggression.
- Local Laws and Regulations: Familiarize yourself with local ordinances and state laws regarding dog ownership and liability for dog attacks. These laws can vary significantly by jurisdiction.
- Comparative Negligence: Determine if there is any evidence that the victim’s actions contributed to the incident. In some cases, if the victim provoked the dog or was trespassing, it may affect the outcome of the case.
- Insurance Coverage: Check if the dog owner has liability insurance that covers dog bites. Many homeowners or renters insurance policies include coverage for dog bite incidents.
- Expert Witnesses: Depending on the complexity of the case, expert witnesses such as animal behaviorists or medical professionals may be necessary to provide testimony regarding the dog’s behavior or the extent of the injuries.
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Things You Should Know About Dog Bite
Terms You Should Know About Dog Bite Cases
- Statute of Limitations: Be aware of the statute of limitations for filing a personal injury claim in your jurisdiction. Missing this deadline could prevent you from pursuing the case.
- Negotiations and Settlement: Often, dog bite cases are settled out of court through negotiations with the dog owner’s insurance company. Assess whether a settlement offer is fair or if it’s better to pursue litigation.
- Litigation Process: If a settlement cannot be reached, be prepared for the litigation process, including discovery, depositions, and trial.
- Emotional Distress: In some cases, victims may suffer emotional distress as a result of the dog bite. Documenting the psychological impact can be important in establishing damages.
- Medical Evidence: Gather medical evidence, including photographs of injuries, medical reports, and the victim’s medical history. This evidence can help establish the extent of the injuries and the need for medical treatment.
- Damages: Calculate and document all damages, including medical bills, lost wages, pain and suffering, and any other related expenses.
Successful dog bite cases require careful preparation, strong evidence, and legal expertise. Consulting with an experienced dog bite lawyer is essential to navigate these issues and pursue the best outcome for the victim.
Basic Safety Tips To Avoid Dog Bites:
- Always supervise a young child around any dog, no matter how well known, friendly, or small that dog may be. A parent sleeping in the same room does not constitute supervision.
- Never approach an unfamiliar dog.
- Never run from a dog and scream.
- Stay still when an unfamiliar dog comes up to you.
- If knocked over by a dog, roll into a ball and lie still.
- Do not stare a dog in the eyes because it may view that as threatening.
- Do not disturb a dog that is sleeping, eating or caring for puppies.
- Do not pet a dog without letting it see and sniff you first.
- Do not ride your bicycle or run past a dog.
- Do not tease a dog, pull its ears or tail or squeeze it too hard.
- Lavish extra attention on a dog when a new baby is brought home.
It’s important for new dog owners to understand…
- that canines are pack animals, and puppies should be trained to look to humans for leadership and to avoid competition with humans;
- the need to socialize the puppy to many different types of people;
- the importance of puppy obedience class;
- that wrestling, tug-of-war, and “siccing” instills bad habits in a dog;
- the importance of spaying or castrating the dog (studies show that neutered animals are less likely to be aggressive); and
- the significance of teaching children how to properly behave around animals.
For additional information about dog bites and bite prevention, visit the American Veterinary Medical Association’s website.
Fatal Dog Attack Victims
- 2023 – Lewis Flores, 40-years old (Rockport, TX)
- 2023 – Rita Vasquez, 58-years old (Corpus Christi, TX)
- 2023 – Ramon Najeras Jr., 81-years old (San Antonio, TX)
- 2023 – Adult John Doe, 69-years old (Harris County, TX)
- 2022 – Adult Jane Doe (Laredo, TX)
- 2022 – Jack Looney, 64-years old (Lubbock, TX)
- 2022 – Adult John Doe, 42-years old (Harris County, TX)
- 2022 – Freddy Garcia, 71-years old (Fort Bend County, TX)
- 2022 – Lea Freeman, 4-years old (Dallas, TX)
- 2022 – Nicolas Vasquez, 51-years old (Harris County, TX)
- 2022 – Andrew Woods, 57-years old (Hockley County, TX)
- 2022 – Adult John Doe, Homeless (Austin, TX)
- 2022 – Maria Perez, 59-years old (Mission, TX)
- 2022 – Drué Parker, 4-years old (Harris County, TX)
- 2021 – Tiffany Frangione, 48-years old (Houston, TX)
- 2021 – Adult Jane Doe, 59-years old (El Paso, TX)
- 2021 – John Henry, 46-years old (Big Spring, TX)
- 2021 – Elayah Brown, 4-years old (Fort Worth, TX)
- 2021 – Deann Stephenson, 59-years old (Porter, TX)
- 2020 – Jonah Jellison, 23-months old (Hunt County, TX)
- 2020 – Sharon Baldwin, 60-years old (Fort Worth, TX)
- 2019 – Medessa Ragsdale, 44-years old (Houston, TX)
- 2019 – Nelson Cabrera, 16-years old (Irving, TX)
- 2019 – Johana Villafane, 33-years old (Irving, TX)
- 2019 – Jimmy Grigg, 53-years old (Galveston County, TX)
- 2019 – Johnnie Garner, 88-years old (Lubbock County, TX)
- 2019 – Elaine Richman, 66-years old (Houston, TX)
- 2019 – Ed Stanley, 85-years old (Potter County, TX)
- 2019 – Wayne Pattison, 79-years old (Lumberton, TX)
- 2018 – Kristie Kelley, 44-years old (Hunt County, TX)
- 2018 – Denali Gonzalez, 2-years old (Alvin, TX)
- 2018 – Noah Trevino, 4-years old (Bexar County, TX)
- 2017 – Michael Obergas, 2-months old (Harris County, TX)
- 2017 – Jacob Brooks, 4-years old (El Paso, TX)
- 2017 – Skylar Julius, 2-months old (San Marcos, TX)
- 2016 – Baby Jane Doe, 6-days old (College Station, TX)
- 2016 – Erin McCleskey, 36-years old (Travis County, TX)
- 2016 – Antoinette Brown, 52-years old (Dallas, TX)
- 2015 – Tanner Smith, 5-years old (Orange County, TX)
- 2015 – Norberto Legarda, 83-years old (Pecos, TX)
- 2015 – Gaege Ramirez, 7-years old (Canyon Lake, TX)
- 2015 – Brayden Wilson, 2-months old (Dallas, TX)
- 2015 – Betty Wood, 78-years old (Sulphur Springs, TX)
- 2014 – Rita Ross-Woodard, 64-years old (Corpus Christi, TX)
- 2014 – Petra Aguirre, 83-years old (San Antonio, TX)
- 2014 – Dorothy Hamilton, 85-years old (Kaufman, TX)
- 2014 – Raymane Robinson, Jr. 2-years old (Killeen, TX)
- 2014 – Je’vaeh Mayes 2-years old (Temple, TX)
- 2014 – Betty Clark, 75-years old (Canyon Lake, TX)
- 2014 – Christina Bell 42-years old (Houston, TX)
- 2013 – Juan Campos 96-year old (Katy, TX)
- 2013 – Linda Oliver 63-years old (Dayton, TX)
- 2013 – Isaiah Aguilar, 2-years old (Sabinal, TX)
- 2013 – Christian Gormanous, 4-years old (Montgomery County, TX)
- 2012 – Rayden Bruce, 3-months old (Burleson, TX)
- 2012 – Kylar Johnson, 4-years old (Victoria County, TX)
- 2012 – Jace Valdez, 16-months old (Magnolia, TX)
- 2011 – Edna Dyson, 71-years old (Houston, TX)
- 2011 – Mya Maeda, 11-days old (Amarillo, TX)
- 2011 – Donna Conrad, 71-years old (Valley View, TX)
- 2011 – Brayden McCollen, 2-weeks old (Cypress, TX)
- 2010 – Jeannette Vaughn, 3-months old (Harris County, TX)
- 2010 – Kaden Muckleroy, 2-years old (Henderson, TX)
- 2009 – Justin Clinton, 10-years old (Leverett’s Chapel, TX)
- 2009 – Barbara Chambers, 59-years old (Garland, TX)
- 2009 – Izaiah Cox, 7-months old (San Antonio, TX)
- 2009 – Tyson Miller, 2-years old (Luling, TX)
- 2009 – Brooklynn Milburn, 3-years old (Fort Worth, TX)
- 2008 – Pablo Lopez (Hernandez), 5-years old (Weslaco, TX)
- 2008 – Tanner Monk, 7-years old (Breckenridge, TX)
- 2007 – Seth Lovitt, 11-years old (Killeen, TX)
- 2007 – Scott Warren, 6-years old (Dallas, TX)
- 2007 – Magdelena Silva, 95-years old (El Paso, TX)
- 2007 – Celestino Rangel, 90-years old (San Antonio, TX)
- 2007 – Carolina Sotelo, 2-years old (Combine, TX)
- 2007 – Pamela Rushing, 50-years old (Friendswood, TX)
- 2007 – Amber Jones, 10-years old (San Antonio, TX)
- 2006 – Pedro Rios, 4-years old (Pasadena, TX)
- 2006 – David “Ted” McCurry, 41-years old (Willis, TX)
- 2006 – Frank Baber, 49-years old (Spur, TX)
- 2006 – Mariah Puga, 3-years old (Hargill, TX)
- 2006 – Gemma Carlos, 2-years old (Horizon City, TX)
- 2006 – Ashton Scott, 11-months old (Childress, TX)
- 2005 – Lillian Stiles, 76-years old (Thorndale, TX)
- 2005 – Roberto Aguilera, 64-years old (Bexar County, TX)
- 2005 – Sandra Sanchez, 32-years old (Harris County, TX)
Dog Bite Statistics
Some important statistics from the AVMA surrounding dog bites include:
- One out of five dog bites will require medical treatment
- Children are the most common dog bite victims and present the most serious injuries
- The majority of dog bites occur with familiar dogs while playing or interacting
Any dog, large or small, is capable of inflicting injury. According to the AVMA, dog bites are attributed more to a dog’s upbringing and behavioral history than to its breed.
Unfortunately, some breeds have been developed to be more aggressive. When injuries occur, people are quick to blame these breeds, and the statistics become skewed.
Dog Bite Fatalities
Statistics published in 2020 reported 46 dog bite fatalities in the United States. Of these fatalities, 72% involved pit bulls.
In another 16-year study between 2005 and 2020, 568 people were killed by dog bites across the United States. The top four breeds responsible for fatal attacks were:
- Pit bulls – 380 deaths
- Rottweilers – 51 deaths
- Mixed-breed – 29 deaths
- German shepherds – 24 deaths
Texas has some of the highest dog fatality statistics in the country. Since 2005, at least 78 people have been killed by dogs in Texas. The majority of these cases involved pit bulls.
Are Pit Bulls the Most Dangerous Dog Breed?
According to the American Society for the Prevention of Cruelty to Animals (ASPCA), every dog breed is characterized by certain traits. Over the years, certain breeds have been developed to perform specific duties.
Some of these duties include:
- Hunting and retrieving
- Herding livestock
- Protecting property
- Service and guidance
- Military operations
- Fighting and racing
Statistics largely point at pit bulls for injuries because this breed has had a long and sustained reputation for being aggressive. But dog experts say that pit bulls are only prone to violence because of their upbringing, and any breed can be dangerous.
Factors that can play into a dog’s violent behavior include:
- Genetics
- Interaction or lack thereof
- Early nutrition
- Stress levels
- Housing conditions
- Social conditions
Aggressiveness isn’t necessarily determined by breed but by how a dog is raised.
Are Some Dog Breeds Safer?
Physiologically, certain dog breeds have been bred to be less dangerous, particularly in how they bite and interact with humans.
Labradors and Golden retrievers were developed to help hunters collect game birds. As a result, their teeth were selectively bred to be less sharp. As their bite is rarely fatal, these dogs are naturally “safer” and less aggressive.
Dog Bite Personal Injury Claims
According to the Insurance Information Institute, dog bites accounted for roughly $881 million in claims in the United States in 2021.
In the same analysis, the average cost per dog bite claim was almost $49,025.
The Future of Dog Breeds and Injuries
The largely skewed statistics point to pit bulls as the main culprit of dog injuries, attacks, and fatalities across the U.S. Unfortunately, the numbers may remain the same until more people change how they raise these historically aggressive breeds.
Not one single dog breed is more violent than the others. How humans choose to train and educate their dogs will determine how aggressive their animals will become.
Texas Ranks #2 on States List in 2022 with 404 Dog Attack Incidents
U.S. Postal Service Releases Dog Bite National Rankings
TEXAS — The U.S. Postal Service released its dog attack national rankings. Texas ranks #2 on the states list of dog attacks with 404 incidents. The city list includes three Texas cities in the top 9 – Houston at #1 with 57 incidents, Dallas at #3 with 44 incidents, and San Antonio at #9 with 32 incidents in Calendar Year 2022 (full lists below).
Overall, more than 5,300 Postal Service employees were attacked by dogs while delivering the mail last year. Aggressive dog behavior is a common safety concern USPS employees face. To keep its workers safe, the organization is providing important information on how dog owners can be good stewards for safe mail delivery as part of its annual National Dog Bite Awareness Week public service campaign.
The campaign runs Sunday, June 4, through Saturday, June 10. This year’s theme is “Even good dogs have bad days.” Spread the news of the campaign with the hashtag #dogbiteawareness.
“When letter carriers deliver mail in our communities, dogs that are not secured or leashed can become a nemesis and unpredictable and attack,” said Leeann Theriault, USPS employee safety and health awareness manager. “Help us deliver your mail safely by keeping your dog secure and out of the way before your carrier arrives.”
Speak With a Dog Bite Lawyer Today
Contact The Law Office of Dan Moore if you or a loved one was bitten by a dog of the negligent owner. Our dog bite lawyers have years of experience in dog bite issues.
Call right away to schedule a free legal consultation at our offices – 888-2-WRECKMAN.
Submit your case for a free case review today.