Dog owners are not always entirely at fault for the injuries their pets cause in a dog bite case. The circumstances and actions of the dog bite victim could establish a claim of contributory negligence and limit their ability to recover compensation. Contributory negligence in Houston dog bite cases is an important issue to address early in the legal claim process.
At Mostyn Law, we are committed to doing whatever it takes to pursue maximum compensation for clients after catastrophic events cause them serious harm. You can learn more about how claims of contributory negligence may impact your rights in a dog bite claim by scheduling a free consultation with our attorneys today.
Contributory negligence is a claim that a plaintiff is partially at fault for causing their injury. The most common form of contributory negligence in dog bite cases is a claim that the injured person provoked the dog into attacking them. Examples of provocation could include the following:
Some provocations are accidental, while others can be intentional. Additional forms of contributory negligence in a dog bite case include disregarding clear warning signs from the owner about the potential for injury. For example, you may be entering or trespassing on private property with posted signs about a dangerous dog. Our Houston lawyers help clients review the facts of their dog bite case and properly evaluate claims of contributory negligence that could impact their right to compensation.
State law requires courts to follow a rule of contributory negligence under Code § 33.001. This can limit a plaintiff’s compensation if they are partially at fault for their injury. The jury will determine each party’s percentage of contributory negligence in a Houston dog attack case at trial. The percentage of fault that the jury assigns to the plaintiff will proportionally reduce their compensation.
For example, a plaintiff who is 20 percent responsible for causing a dog bite injury may only be able to recover up to 80 percent of the compensation for their damages. A plaintiff who is more than 50 percent responsible for provoking or causing the dog bite will not be able to recover compensation from others who may also be partially at fault.
The amount of compensation recoverable in a dog bite case will also depend on the extent of your injury. You may have a right to compensation for the following types of damages:
Your personal circumstances can further impact the amount of compensation available in case, such as your age, career, and the number of dependents under your care.
Our team of experienced lawyers helps clients navigate complex allegations of contributory negligence in Houston dog bite cases. We dispute factual inaccuracies, explain how the owner is more at fault, and provide other useful information for clients to make key decisions in their case. Contact our office today to schedule a free consultation.
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