In most instances, the dog owner’s insurance policy covers the damages. Most policies cover injuries caused by a homeowner’s pet and there are some policies that have special animal insurance coverage.

There are cases where a pet owner does not have insurance. However, they can still be held liable for an animal attack. If the dog’s owner is legally responsible/liable for your injuries, that means they are also responsible for damages. That said, if they do not have insurance, it will be more difficult to collect for your injuries.

In the vast majority of dog bite cases, the owner’s home insurance policy pays. These policies typically cover injuries cause by the dog and there are some pet owners that carry special animal insurance. However, this is not always the case, but if the pet owner is not insured, it does not mean they are not or cannot be held liable to pay your damages. What it may mean though is that it could be more difficult to collect damages without insurance.

Often, the victims of dog bites are children and the elderly. While injuries form dog bites are minor, some dog bite injuries can be serious and permanent, or even deadly. In addition, the victims of dog bites suffer emotional trauma. Injuries from dog bites may include: puncture wound, nerve damage, bone fractures, hand injuries, fear and anxiety, facial injuries, post-traumatic stress disorder and disfigurement. Any breed of dog can attack. However, most dog attacks occur on private property. Often, these types of attacks are caused by the dog owner’s negligence.

While many states have a one-bite rule, which means that an owner cannot 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 a one-bite rule. Instead, there are two primary claims made against owners in dog bite cases. The most common claim is a negligence claim. Like in 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 second and most common claim 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 Austin and Travis County, have laws requiring dog owners to have their dogs restrained at all times (though the City of Austin has some exceptions for recognized dog parks).

If you have been injured by a dog, bitten, knocked down or mauled you may be able to seek compensation for your losses. These may include the typical costs of medical care and loss of earnings, and pain and mental anguish.

Most owners believe that their dogs are not dangerous. However, Texas courts will apply the “strict liability” rule in cases where the dog is known to be dangerous. A dog which has bitten a person, will be classified as dangerous, even if no harm or injury was reported.

But even if the dog did not have a history, there are times when you can hold the owner or others responsible for the injuries claimed. You need to talk to a lawyer who can determine whether any of these situations apply to your claim.

Every year thousands of people across the nation are bitten or badly injured by a dog and/or other animals. While some of the injuries may not be serious, some of them can be very bad and require surgical intervention to repair wounds or, worse, the victim is killed. Dog bites happen more often than you would expect.

If you have been attacked by an animal, make sure to seek medical care, no matter how small you think the injury may or may not be. Also, if possible, attempt to get information about the animal and the owner. While that may not always be possible, if you can try to get a picture of the animal and/or owner, someone may recognize them later.

It’s important to try and identify the owner and dog because you may then be able to determine if the animal was vaccinated for rabies. If you do not have an answer to that question when the doctor asks if the animal was vaccinated, you may end up having to endure painful, but protective rabies shots. It is also a good idea to consult with an experienced Austin dog bite attorney to find out what your legal options are in your situation.

You may wonder why you would need an attorney for a dog bite when you just need to file a claim for damages against the animal’s owner and the owner’s home insurance. But these claims are complicated.

First, you need to remember that the insurance company is not your friend. The insurance company’s goal is to pay you as little as possible. And you probably don’t know enough about the law to know your rights so that you can fight back at them to get the amount you’re entitled to receive.

Beyond that, the insurance company isn’t always completely truthful to victims of dog attacks. For example, insurance companies frequently offer you a settlement amount, which might sound good, but they don’t explain that you might have to use that money to pay back your health insurance company for any benefits the health insurance company paid.

The compensation you may be able to recover in a dog bite case includes: mental anguish; current and future medical bills and care; pain; disfigurement; loss of income in the past; loss of income or opportunity in the future; loss of quality of life; defensive measures such as putting up a fence; loss of the value of a home because of the proximity of dangerous dogs; past counseling expenses and future psychological costs;and possibly punitive damages depending on the circumstances of the case.

Texas does allow closely related bystanders to recover compensation for emotional distress, but does not allow any plaintiff to sue for negligent infliction of mental anguish. For example, if a parent sees their child attacked, the parent may sue for the distress the parent suffered watching the attack.

Typically, the worst injuries medical personnel see are facial injuries that need stitches or surgery. In some cases, once a dog attacks, they do not stop and the injuries may be inflicted on other parts of the body during the attack, as dogs tend to maul their victims while biting. Some dogs, if they cannot be stopped or diverted, can kill a victim. We have represented victims on the full range of the spectrum, from representing clients who have relatively minor injuries to representing a family of a child killed by a dog.

The most common factors demonstrating that a dog owner knew or should have known their animal may be vicious include, but are not limited to:

• Frequently confined animal –may indicate a dangerous animal.
• Dog is kept outside —keeping a poorly behaved dog outside allows the dog to practice that bad behavior.
• Owner warning strangers about animal —may indicate animal might cause harm to others.
• Dog kept on a chain —chained dogs can become more aggressive. Keeping a chained dog is illegal in most places.
• Muzzling —may indicate a dangerous dog.
• Warning signs on property —may indicate owner knows dog is dangerous.
• Size of animal —the larger the animal, the greater the chance of causing injuries.
• Animal breed —such as pit bulls, Rottweilers, German shepherds.
• Aggressive behavior —frequent snapping and biting shows owner knowledge.
• Owner received complaints about dog —but did nothing or not enough.
• Animal fights with other animals —may demonstrate vicious nature.

Every year many Americans get bitten or are badly injured by dogs (and other animals). Many of the injuries may not be too serious, but there are a significant number of people that “are” badly hurt. Some may even be killed by a dog.

One of the first things that you need to do is to get medical treatment as soon as possible and make certain to document every step. Take pictures of the injuries, the doctor’s report, your other medical bills, such as medications and gather as much information as you can about the person who owns the dog, the dog and the incident you can.

If you are able to provide pictures of the dog and owner, that is also helpful. If you are able to find out if the dog has a prior history of attacking people it is also is good idea to find out if that dog has had it’s rabies shots. Do you know the owner? Does anyone in your area know the dog and/or the owner? Has their been other incidents involving this dog and owner?

Was the dog on a leash at the time of the incident? Was the dog off leash? Try to write down everything that you can recall about the attack. While you may be in shock, if you can get down as much information as possible, it would give bylaw officers and/or police a good start on trying to find the owner and the dog.

If your goal is to make a claim for injuries, that is usually done against the owner of the animal(s) and his or her home insurance company. It’s likely the insurance company is going to make every attempt they can to persuade you that you do not need to call a lawyer. Call a lawyer for advice on your legal rights.

They may also tell you the are not going to pay in advance for treatment and are only going to pay you for your out of pocket expenses. Call a lawyer and do not listen to the insurance company, because it’s in “their” best interest that you do not hire an attorney. Protect “your” rights, because the insurance company is not going to protect them.