This is a difficult question. If you read many articles on the internet, they will mistakenly state that you have to prove that the dog that attacked you had a history of aggression. And while that is true for one cause of action that you can assert, it is not true for all claims you can make. In many cases, we’re able to make a recovery for a client even when there is no history of aggression by the dog.
Of course, from the perspective of the value of the case, it is better to prove that the dog had a history of aggression. In dog attack cases, there are several elements of damages that you are entitled to recover, including costs of medical care, earnings you lost because of the attack, pain, mental anguish, physical impairment (what things did the injuries prevent you from doing or make it more difficult for you to do), and scarring/disfigurement. Reading about them on their face, the extent of these damages shouldn’t depend on whether the dog had a history of aggression, but in reality, there are several factors that affect what a jury awards for these amounts. For example, if the dog has a history of being a vicious dog, the award will be higher. If the dog is considered to be a dangerous breed, the award will be higher. And the larger the dog, the higher the awards tend to be.
If the dog has a history of attacking people, it may be ordered euthanized and the owner may be held criminally liable in dog attack cases that involve serious injury and/or death.
Other Dog Bite FAQs:
- Are dog bites a common occurrence?
- Are dog bites common in Texas?
- Are the dog bite laws the same across Texas?
- Are there some common misconceptions about dog bite liability?
- Can you sue for a dog bite in Texas?
- Do I have to prove that the animal that attacked me is vicious?
- Do I have to prove the dog that attacked me was vicious?
- Do I need to take pictures after being bitten by a dog?
- How is liability for a dog bite established?
- How long does it take for a dog bite case to get to/go through court?
- I think the dog that bit me might have rabies. What do I do now?
- I was bitten by a dog the other day and needed stitches. Who is responsible/liable for the dog biting me?
- My mother witnessed a dog attack and someone said there was a possibility of filing a bystander claim. Is that possible?
- My neighbor’s dog bit me and he accused me of provoking the canine. Does that mean I don’t have a lawsuit?
- What am I supposed to do if I get bitten by a dog?
- What are the most common factors showing a dog owner knew or should have known their animal may be vicious?
- What are the worst injuries sustained during a dog attack?
- What compensation can I recover in a dog bite case?
- What do I do if a dog bites me?
- What happens if a dog not previously regarded as dangerous bites me?
- What is the current law in Texas in regard to dog bites?
- Who are usually the victims of dog bites?
- Who is responsible for paying damages in a dog bite case?
- Who responsible for paying any damages after the dog attack?