Fatal dog bites are a traumatic and difficult occurrence that creates immense grief and uncertainty for a victim’s family and loved ones. The circumstances of the dog bite can establish the fault and liability of a negligent dog owner, who may have an obligation to compensate the surviving family members.
Our Houston fatal dog bite lawyer provides clients with the guidance and advocacy they need to pursue maximum compensation for their losses. Learn more below about wrongful death claims involving fatal dog bite injuries, and contact one of our attorneys at Mostyn Law for a free case consultation.
Liability for a fatal dog bite depends on the circumstances and events that led to the attack. The first issues to consider are where the dog bite occurred and whether the owner had proper control over the dog. This city requires dog owners to prevent their pets from running at large in public, which generally means having the dog restrained through a leash, muzzle, or other secure means, such as a crate. Dog owners are generally responsible for the injuries or deaths that result from failing to meet this standard.
Fatal dog bite cases that happen on private property can be more complex to litigate. The following issues may be relevant in determining whether an owner is liable for the damages their dog caused:
State law requires courts to apply a rule of contributory negligence in wrongful death cases where the victim was partially at fault for causing their injury. A dog owner may allege a victim provoked the attack, was trespassing on private property, or was otherwise responsible for the dog bite.
In these cases, a jury determines each party’s percentage of fault and reduces any compensation awarded to the plaintiff accordingly. If a person is found to be more than 50 percent responsible for the dog bite, the surviving family members are generally unable to recover damages. Our Houston legal team helps clients understand how these rules may affect a fatal dog bite claim. Depending on the circumstances, the case may be resolved through a negotiated settlement, or it may proceed to trial where a jury determines liability and damages.
Texas Code § 71.004 limits who can benefit from filing a wrongful death case. You must generally be the surviving spouse, child, or parent of the victim. If none of these individuals can bring a claim, then the executor or administrator of the victim’s estate could file a claim.
Potential heirs of a fatal dog bite victim’s estate who are not a surviving spouse, child, or parent could also seek a free consultation with our office in Houston for help determining their potential right to a claim through the estate. You have two years to file a claim for wrongful death that typically begins on the date of the person’s death from the dog bite.
The legal process can be long in cases of wrongful death. Our team at Mostyn Law is here to help guide you along each step by answering your questions and protecting your right to compensation in court. Contact our office today to schedule a free case consultation with our Houston fatal dog bite lawyer.
(832) 844-5116 