The American Veterinary Medical Association reports that around 4.7 million individuals experience dog bites annually, resulting in about 800,000 individuals needing medical care. Children make up roughly half of these victims, while the elderly represent the second most affected group. In an effort to help curb the problem, states and municipalities can sometimes turn to the law.
Breed-specific legislation refers to laws and regulations that target specific dog breeds, imposing restrictions or outright bans based on them being “aggressive dog breeds” alone. These laws typically aim to address concerns related to public safety, particularly instances of dog attacks or aggressive behavior. However, the effectiveness and fairness of BSL have long been debated within legal and animal advocacy circles.
Texas doesn’t have statewide BSL — in fact, Texas state code forbids the creation of laws that are specifically aimed at any one breed, including supposedly aggressive dog breeds.
At Rush & Gransee, L.C., we’re committed to providing our clients with the knowledge and resources they need to navigate the complex legal issues around dog bite injuries effectively. Whether you’re a dog owner concerned about legal compliance or a victim of a dog-related incident seeking justice, we’re here to help.
I want to thank Mr. Rush for his determination in fighting a stubborn insurance after getting hit from the back. Mr. Rush did not give in and persisted and got the insurance to settle. He kept me informed every step of the way. Elsa was an angel and was always prepared to answer questions . Thank you so much for taking care of me!” - Laurie Armendariz Medina Robert Rush is a very competent lawyer who helped me to settle my claim with insurance company due to a bike accident. He diligently worked for the case and took care of everything including my medical bill. Right from the beginning I was very impressed with his dealings. I would strongly recommend him to anyone who needs an injury lawyer. Thanks Robert." - Sajjadur Rahman Working with Mr. Rush was a great experience. I would trust a family member to him. He provided me with high quality service and individual attention. I came to him from another law service and the difference was night and day. He always kept me informed and explained the situation thoroughly. He was very down to earth and easy to understand. I really appreciate how he handled my case. Thank you!" - Joey Saldana
What is Breed-specific Legislation?
Breed-specific legislation encompasses a set of laws and regulations designed to target specific dog breeds or types deemed as “aggressive dog breeds.” These laws typically impose restrictions or outright bans on ownership, breeding, or certain activities involving the designated breeds. The classification of aggressive dog breeds is often based on perceived physical characteristics or historical reputation rather than individual temperament or behavior.
The Motivations Behind BSL
The enactment of breed-specific legislation is primarily motivated by concerns over public safety in communities where dog-related incidents have occurred. Lawmakers often perceive BSL as a proactive measure to mitigate the risk of future incidents and safeguard citizens from potential harm. By targeting what are believed to be aggressive dog breeds, proponents of BSL aim to create a safer environment for residents and mitigate the occurrence of dog attacks.
The Downsides of Breed-specific Legislation
Breed-specific legislation (BSL) refers to the legal measures enacted to regulate or prohibit the ownership of dog breeds deemed to be inherently aggressive. This approach to canine regulation is predicated on the assumption that certain breeds, often identified by their physical traits or historical reputations, pose a significant risk to public safety. The rationale for BSL is rooted in the desire to preemptively address and mitigate the potential dangers associated with dog attacks in communities that have experienced such incidents. Lawmakers advocating for BSL believe that by restricting or banning specific breeds, they can reduce the likelihood of future attacks and enhance overall community safety.
The effectiveness and fairness of BSL are contentious issues. Critics argue that BSL is a flawed strategy because it does not address the actual causes of dog aggression, such as irresponsible ownership, inadequate socialization, and poor training. Instead, it indiscriminately targets certain breeds without considering the individual behavior or temperament of each dog. This breed-centric approach is seen as discriminatory, perpetuating negative stereotypes and unjustly stigmatizing certain breeds as dangerous. Furthermore, it unfairly penalizes responsible dog owners who maintain well-behaved pets but are subjected to the restrictions and burdens imposed by BSL, such as potential ownership bans, increased insurance costs, and the emotional stress of possibly having to relinquish their animals.
BSL can create a false sense of security among the public by suggesting that eliminating or controlling specific breeds will significantly reduce the risk of dog-related incidents. This misconception overlooks the fact that any dog, regardless of its breed, can exhibit aggressive behavior under certain conditions. Consequently, BSL may lead to complacency in addressing the broader and more complex issues of animal behavior and responsible pet ownership.
The enforcement of BSL also poses practical challenges, including the allocation of substantial resources for identifying banned breeds, enforcing restrictions, and managing legal disputes. Critics of BSL argue that these resources would be better spent on measures that directly address the root causes of dog aggression, such as educational programs for owners, stricter enforcement of general animal control laws, and initiatives that promote responsible pet ownership and community safety.
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Robert L. Rush
Kurt W. Gransee
How do I File a Dog Bite Injury Lawsuit?
To initiate a lawsuit for a dog bite injury, particularly in Texas, you must navigate through a detailed legal framework. The process begins with the clear demonstration that an actual dog bite or attack took place. This is the foundational requirement, establishing the basis for the subsequent legal argument.
Next, you must identify and establish the connection between the dog and the defendant. It is imperative to prove that the defendant either owned the dog or had control over it at the time of the incident. This aspect broadens to include not only the permanent owner but also temporary custodians such as dog sitters, kennel operators, or even landlords who permit tenants to have dogs. This ensures that the legal responsibility is accurately attributed to the right individual or entity.
Another crucial element in the legal process is the demonstration of the owner’s prior knowledge of the dog’s dangerous behavior. Texas law emphasizes the significance of this factor, where the liability often hinges on whether the dog owner was aware of the pet’s propensity for aggression or biting. This can be substantiated through various forms of evidence, such as records of previous attacks, the dog’s known aggressive behavior, or explicit warnings given to the owner about the animal’s temperament.
Furthermore, the plaintiff must prove that the incident resulted from the owner’s negligence or a breach of legal obligations. This involves showing that the owner failed in their duty to manage, restrain, or control the dog appropriately. Specific actions like violating leash laws, neglecting to secure the dog in a fenced area, or allowing the dog to roam unsupervised in public spaces are examples of negligence that can lead to liability.
It’s essential to be aware of the legal time constraints for filing such a lawsuit. In Texas, like in many other jurisdictions, personal injury claims, including those for dog bites, are governed by a statute of limitations. This legal rule sets a two-year deadline from the date of the injury to file a lawsuit. Missing this deadline can lead to a complete forfeiture of the right to claim compensation for the injuries suffered. Therefore, understanding and adhering to this timeframe is vital in pursuing legal recourse and achieving justice in dog bite cases.
What Kind of Damages Can I Receive?
Dog bite incidents can result in devastating physical, emotional, and financial consequences for victims and their families. Various types of damages may be awarded to victims of dog bite injuries in Texas to help correct these wrongs.
Compensatory Damages
Compensatory damages are designed to reimburse dog bite victims for the losses and expenses they have incurred as a result of the injury. These damages can be categorized into two main types:
Medical Expenses: Dog bite injuries often require immediate medical attention, including emergency room visits, surgeries, hospital stays, medication, and rehabilitation therapy. Compensatory damages may cover all past and future medical expenses related to the treatment and recovery of the injury. It’s crucial to document all medical costs and keep detailed records to support the claim for compensation.
Lost Wages and Loss of Earning Capacity: A dog bite injury can result in temporary or permanent disability, preventing victims from working and earning income. Compensatory damages may include compensation for lost wages during the recovery period and future loss of earning capacity if the injury affects the victim’s ability to work or pursue certain occupations. Calculating lost wages and future earning capacity requires careful consideration of factors such as the victim’s occupation, earning history, and prognosis for recovery.
Non-Economic Damages
In addition to compensating for tangible financial losses, dog bite victims may also be entitled to non-economic damages, which aim to address the intangible harms suffered as a result of the injury. Non-economic damages may include:
Pain and Suffering: Dog bite injuries can cause excruciating physical pain and emotional distress for victims. Non-economic damages may be awarded to compensate for the pain, discomfort, and anguish experienced by the victim as a result of the injury. Calculating pain and suffering damages is subjective and may vary depending on the severity of the injury, duration of recovery, and impact on the victim’s quality of life.
Emotional Distress and Mental Anguish: Dog bite injuries can have long-lasting psychological effects, including anxiety, depression, post-traumatic stress disorder (PTSD), and fear of dogs or traumatic memories associated with the incident. Non-economic damages may be awarded to address the emotional distress and mental anguish endured by the victim as a result of the dog bite injury.
Punitive Damages
In certain cases involving egregious conduct or willful negligence on the part of the dog owner, punitive damages may be awarded to punish the defendant and deter similar misconduct in the future. Punitive damages are intended to serve as a deterrent and are separate from compensatory damages, which aim to compensate the victim for their losses. However, punitive damages are relatively rare in dog bite cases and typically require evidence of extreme recklessness or intentional wrongdoing on the part of the dog owner.
I want to thank Mr. Rush for his determination in fighting a stubborn insurance after getting hit from the back. Mr. Rush did not give in and persisted and got the insurance to settle. He kept me informed every step of the way. Elsa was an angel and was always prepared to answer questions . Thank you so much for taking care of me!” - Laurie Armendariz Medina Robert Rush is a very competent lawyer who helped me to settle my claim with insurance company due to a bike accident. He diligently worked for the case and took care of everything including my medical bill. Right from the beginning I was very impressed with his dealings. I would strongly recommend him to anyone who needs an injury lawyer. Thanks Robert." - Sajjadur Rahman Working with Mr. Rush was a great experience. I would trust a family member to him. He provided me with high quality service and individual attention. I came to him from another law service and the difference was night and day. He always kept me informed and explained the situation thoroughly. He was very down to earth and easy to understand. I really appreciate how he handled my case. Thank you!" - Joey Saldana
Your Texas Dog Bit Lawyers
While breed-specific legislation that regulates supposedly aggressive dog breeds may not be present in the Lone Stare State, navigating Texas’ intricate dog bite statutes still requires legal experience. At Rush & Gransee, L.C., our team comprehends the nuances of state laws and boasts extensive experience in handling dog bite insurance claims, negotiations, and litigation. We’re equipped to assist you in evaluating your expenses, constructing a robust legal argument, and advocating for the compensation you’re entitled to.
If you’ve suffered a dog bite injury, reach out to us without delay. We’re here to support you. Take advantage of our complimentary consultations and receive informed guidance tailored to your specific situation, without any obligation.