Who Pays for Medical Bills After a Dog Bite?
Dog bites are more common than you'd think. According to the American Veterinary Medical Association, approximately 4.5 million dog bites occur in the United States each year. Given these statistics, every American should know how dog bite liability is determined.
Under the "strict liability" laws, dog owners are usually held responsible for injuries caused by their pets. However, certain factors, such as provocation or trespassing, can affect liability. Some states have "one bite" laws that give dog owners one free pass if their pets have not previously exhibited aggressive behavior.
Photographs of injuries, witness statements, and medical reports can serve as evidence and strengthen your case. Knowing the dog’s history can be important, as prior aggressive behavior may negate any "one bite" rule protections the owner might claim.
If you've ever been bitten by a dog, you know how painful and traumatic it can be. Tormey & McConnell is a personal injury law firm that has spent years helping fellow Texans take action against those who caused them pain and suffering. We're here to help you gain a clearer understanding of your rights and options in a dog bite liability case.
Medical Costs of Dog Bites
Medical expenses from dog bites can quickly add up. They often include:
Emergency room visits
Antibiotics to prevent infection
Rabies shots if the dog's vaccination status is unknown
Follow-up visits for wound care
Physical therapy for severe cases
Surgical procedures for severe lacerations or reconstructive needs
Psychological counseling for trauma-related issues
Long-term medication for managing chronic pain or infections
Lost wages due to time off work for recovery
Travel expenses for medical appointments
Costs for home care or temporary caregiving assistance
Homeowner's Insurance and Dog Bites
The owner may have homeowners' insurance policies that can cover dog bite incidents. Sometimes, insurers may even provide compensation for pain and suffering, lost wages, and other related costs. The Insurance Information Institute notes that dog bites and other dog-related injuries accounted for more than one-third of all homeowners' liability claim dollars paid out in 2020.
Most homeowners' insurance policies include coverage for dog bite liability up to the liability limits, which typically range from $100,000 to $300,000. However, certain breeds might be excluded from coverage, and if claims exceed policy limits, the dog owner is personally responsible for damages.
Filing a Claim with the Dog Owner's Insurance
To file a claim, you’ll need to provide detailed information about the incident. This includes medical records, documentation of your expenses, and any evidence indicating the dog owner’s liability.
You must contact the dog owner’s insurance company as soon as possible to initiate your claim. Be prepared to provide a thorough account of the incident, including the date, time, and location of the attack. Maintain detailed records of all communication with the insurance adjuster to streamline the process and get appropriate compensation.
When the Dog Owner is Uninsured
If the owner doesn’t have insurance or lacks sufficient coverage, you may need to explore other options. One possibility is to file a personal injury lawsuit against the dog owner to recover medical expenses and other damages. You could also seek compensation through your own insurance policy if it provides relevant coverage. In severe cases, you may also be able to file a criminal complaint against the owner for their dog’s behavior.
Dog Bite Laws in Texas
Texas follows a "one-bite rule," meaning the dog owner may be held liable if they knew or should have known that their dog was likely to bite. However, Texas law also allows for strict liability in some instances, such as if the dog owner was negligent or violated local leash laws.
Texas law requires that plaintiffs prove that the owner was aware of the dog's aggressive tendencies or that the owner was negligent in controlling the dog. Negligence can include failing to restrain the dog, allowing it to run at large, or violating local ordinances, such as leash laws.
Texas courts may also consider factors such as whether the dog was provoked or if the victim was trespassing at the time of the attack. State laws allow for punitive damages in particularly egregious cases where the owner's conduct recklessly disregarded others' safety.
Secure Experienced Representation for Your Dog Bite Case
The attorneys at Tormey & McConnell are here to protect your rights. Our team specializes in handling dog bite cases, so that victims receive the compensation they deserve for medical expenses, lost wages, and emotional distress. We offer personalized attention and deep familiarity with Texas dog bite laws, to provide you with the utmost support and robust legal representation throughout the recovery process. Allow us to be your advocate in your time of need. If you're in Amarillo, Texas, Canyon, Dumas, Pampa, Hereford, Childress, or Borger, and need help with dog bite liability, call Tormey & McConnell for a consultation.