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I cannot thank attorney Brooks Schuelke enough. After I dealt with him about my case, i learned about him. He's a great man, a real professional, who is honest and caring. In these times its difficult to find people who have these characteristics. I felt I was in good hands, and really I was in great hands.
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Brooks and the entire staff are great. Brooks made us feel at ease, which gave us one less thing to worry about while representing us. He was very prompt in responding to my family and I, if we had any questions or concerns about anything.
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Helping Those Injured in Columbus With Legal Representation
Experienced Dog Bite Lawyers That Gets Results
If you have been injured in a dog attack, bitten, knocked down or mauled, or have sustained injuries as the result of another type of animal attack you may be able to seek compensation for your losses. These may include the typical costs of medical care and loss of earnings, but in our experience, the most important losses in animal attack cases are your pain and mental anguish. Dog and animal attacks are terrifying, and the losses of your pain and mental anguish should never be underestimated.
Texas Has a Dog Bite Problem
Studies show that dog attacks are a huge problem. A Centers for Disease Control (CDC) study found that there are roughly 4.5 million dog bite victims per year in the US. An article published by the National Institute of Health (NIH) found that over 750,000 people per year in the US sustained dog bites that necessitate medical care. And another US governmental study found that over 300,000 Americans a year visit emergency rooms as a result of dog bite injuries.
And too often, these attacks are fatal. Between the years 2005 to 2017 canines killed 433 Americans. By far, the two breeds of dog responsible for the most fatalities are Pit Bulls and Rottweilers. These are dogs who have a lineage of being bred for protection or guarding, and they are large dogs that can cause significant damage and injuries when they do attack.
Unfortunately, Texas seems to be worse than the average state. In a report by dogsbite.org it was revealed that there were 34 Texas dog bite fatalities between 2005 and 2013 - more deaths than any other state. The report further indicated that Pit Bulls were responsible for 76 percent of the total number of deaths and that Rottweilers accounted for 15 percent of the total. Pit Bulls have more prominence in Texas compared to nationally. This is most likely due to the 1991 state wide law prohibiting municipalities from regulating specific dog breeds and perhaps the state’s long reputation for dog-fighting.
Texas data indicates that 68 percent of the victims (23) were children ages 11-years and younger and 52 percent (12) were ages 2 and younger.
The “One Bite” Rule Does Not Exist in Texas
Many states have a “one-free-bite” rule, which means that an owner can’t be held liable for a dog’s attack unless the dog has a history of biting another person. Texas does not follow this law.
Texas does not have “dog bite statute”. Instead, there are two primary claims made against owners in dog bite cases. The most common claim is a negligence claim. Like other personal injury claims, for a negligence claim, you must prove that the dog owner (or person responsible for the dog) failed to use ordinary care, and that the failure to use ordinary care caused your injuries.
The most common allegation that you would make in these claims is that the dog owner failed to use ordinary care by failing to properly restrain the dog. In fact, many local governments in Texas, including both the City of Columbus and Colorado County, have laws requiring dog owners to have their dogs restrained at all times (though the City of Columbus has some exceptions for recognized dog parks).
However, failing to properly restrain the dog is not the only way a dog owner may fail to use ordinary care. Other common situations occur when a dog owner may be negligent for failing to properly socialize the dog, failing to properly handle the dog, or failing to properly train the dog.
What Should You Do After A Dog Attack?
1. Get medical care. Make sure that you get the treatment you need to help with your injuries. That might include a visit to the emergency room, follow up wound care for wounds, plastic surgery for any scarring, and therapy for any emotional trauma suffered as a result of the dog attack.
2. Check the dog for rabies. You need to make sure the dog is checked for rabies. If you live in a city, most city agencies investigating attacks check for rabies.
3. Get information about the dog owner. At a minimum, you want the owner’s name and address, but the more information you can get, the better.
4. Take pictures of your injuries as you go along. Pictures are critical to show insurance adjusters or a jury your injuries. And don’t just take pictures the day of the incident. Take them throughout the process to show how the injuries are progressing.
5. Hire a Texas dog bite attorney. Your case might not need a lawyer, but maybe you do. At least talk to a dog bite lawyer to make sure you know your rights and to help make sure you don’t make a mistake in pursuing your claim.
Reach out and connect with Columbus dog bite attorney Brooks Schuelke at Schuelke Law, PLLC. We’ve got your back and can explain your legal rights so you may make an informed decision about pursuing a dog bite injury case. We are able to help you get the compensation you need and deserve.
Contact Our Firm
Schuelke Law maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas. Get in touch with us using the phone number or contact form below:
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Schuelke Law
1100 B Guadalupe St
Austin, TX 78701
Telephone: (512) 476-4944
Fax: (512) 476-6218
The information provided on this website by Schuelke Law in Austin, Texas is intended as a public service and to give you an idea of the issues you may encounter. This information is by no means complete, is designed to apply only in the State of Texas, and does not replace the advice of an attorney. Before taking action or relying upon any information provided in this website, you are advised to talk to an attorney. Schuelke Law is not establishing an attorney-client relationship through this information or their website.