Dog Bite | Humphreys and Peterson Law Firm Blog

On February 11, 2009, an 88 year old Garland, Texas woman started her daily lunchtime stroll with her 5 year old pet Chihuahua who weighs less than 8 pounds. After placing a leash on her little dog inside her garage, she opened her garage door to what was suppose to be a warm and sunny afternoon walk. However, this is one time she wished her garage would not have worked.

As this 88 year old woman walked into her own driveway, she was startled when she looked at a large 65 pound pit bull charging right towards her and her little Chihuahua. She instinctively bent down to attempt to pick up and protect her little companion. However, before she could even reach her little dog, the large male pit bull dog lunged on her knocking her backwards to the ground. The pit bull dog then began to bite the woman’s arms, hands and fingers. Once the pit bull had enough with the elderly woman, the large pit bull began to maul the little Chihuahua right in front of the 88 year old woman. The frail woman could do nothing to stop the brutal attack as she was lying on the ground watching her family pet of 5 years be eaten up by a pit bull.

After several minutes of this brutal attack, finally a bystander came by and was able to pry the pit bull off of the elderly woman and her dog. The pit bull dog was tied to a neighbor’s fence across the alley way.

Then, the hysterical 88 year old woman was finally able to get up off the ground, bend down to pick up her bloody dog in an attempt to save the dog’s life. The dog was still breathing at the time, although barely. Thus, at that time her injuries were not her primary concern. Her main concern was that she wanted to try anything to save her pet’s life.

Having sustained her own injuries, having witnessed a brutal mauling of her family pet, and the hysteria she was undergoing at the time she was in no way able to drive her dog to the veterinarian for treatment. Thus, this 88 year old woman had her 89 year old husband who suffers from Alzheimer disease and dementia, driver her a few miles to the closest animal hospital. Notwithstanding her courageous efforts, the 5 year old Chihuahua suffered a heart attack while initially being examined at the animal hospital.

Thereafter, the elderly woman was taken for medical treatment. As a result of this pit bull dog attack, the 88 year old woman sustained the following injuries: bite lacerations to her arms, hands, and fingers; lacerations to her elbows and knees from being knocked down to the ground; a torn meniscus to her right knee from being knocked down to the ground; an aggravation of a preexisting wrist injury which may require surgery; as well as several other scrapes and bruises. Despite these physical injuries, this woman is now dealing with mental anguish that will affect her the remainder of her life. These symptoms include: inability to sleep; nightmares; continuous crying and grief from the loss of her family pet; lack of appetite; nervousness of entering her own driveway where the attack occurred or even stepping foot outside anymore. To date, this elderly woman’s medical bills exceed $ 15,000.00.

In addition to the foregoing facts, it is important to note that this pit bull dog had at least two other incidents with local neighbors’ little dogs. Luckily, neither of those incidents resulted in a tragedy like this. Furthermore, the City of Garland has deemed this dog vicious in nature and has ordered that this pit bull dog be immediately removed from the City of Garland.

The State of Texas is one of the few remaining states who have what is called the “one free bite rule”. What this refers to is that generally, a dog owner will not be found liable for damages the dog causes, unless the dog is vicious AND the owner had actual or constructive knowledge of the viciousness. If the animal is vicious or has aggressive tendencies and the owner has knowledge of that propensity, the owner is subject to liability under the law of strict liability. However, if an animal is non-vicious, the owner may still be subject to liability for his or her negligence in handling the dog. In Texas, a dangerous dog is defined as:

(1) a dog that makes an unprovoked attack on a person that causes bodily injury and the attack occurs outside of the dog’s enclosure; OR

(2) a dog that commits unprovoked attacks outside of its enclosure that cause a person to reasonably believe the dog will attack and cause bodily injury.

What do you believe is a fair and reasonable amount of financial compensation to this elderly woman in this case? Your opinions are greatly valued and appreciated as it helps an insurance adjuster, mediator, and/or defense attorney come to realize what a Dallas jury would do these days.

Attorney Scott Edgett is a civil trial attorney with the Humphreys & Peterson Law Firm in Dallas, Texas. Mr. Edgett is licensed to practice law in Texas and Florida. Over the last decade, Mr. Edgett has emphasized on providing superior client representation in a professional and ethical manner, while experiencing high job satisfaction and trying to make the world a safer place for all. Mr. Edgett has been representing families and consumers whose lives have been devastated by reckless drivers, dangerous products, and other negligent tortfeasors. When a tragedy occurs because of the irresponsible behavior of a tortfeasor, an insurance company, or a corporation, Mr. Edgett and the firm of Humphreys & Peterson are advocates for the people and will help pursue justice for all. To speak directly to Attorney Scott Edgett, please feel free to contact him at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at www.TexasJusticeForAll.com for further information regarding our law firm.

Texas law on dangerous dogs, adopted in 2007, is considered one of the toughest in the country. Dog owners can be held criminally liable if their pets leave their property and attack a person. In an attempt to help regulate vicious dog breeds several North Texas cities are attempting to ban vicious dogs, such as pit bulls. Over the years, pit bulls have gained a reputation for violence.

Cities such as Duncanville, Cedar Hill, Frisco, Mesquite and others have also expressed interest, but so far no legislator has stepped forward to champion a change during the Legislature’s 2009 session, which begins Tuesday, January 13, 2009. Just before leaving office, former Rep. Tony Goolsby, R-Dallas, asked Attorney General Greg Abbott in November to consider whether cities already have the authority to enact such bans. Goolsby’s letter says that state law as written may allow cities to adopt breed-specific regulations for dogs that have not already been designated as dangerous. Abbott’s ruling should come within the next few months.

Madisonville, near Huntsville, last year passed the first known dog ban in Texas. But the city later repealed the law. Houston and Harris County have pursued such laws in prior legislative sessions, but those efforts failed. Some cities nationally have passed ordinances banning specific dog breeds, most notably Denver, which outlaws pit bulls. No North Texas city has publicly advocated for outright bans of pit bulls or other breeds such as Rottweilers, chow chows and German shepherds. But leaders have pondered stricter regulations for those animals, such as mandatory microchipping, liability insurance requirements and taller fence standards.

However, is can be well argued that any breed-specific law would fail to address the true cause, which is an irresponsible owner. In Texas, we already have a very strong dangerous dog law. Many people in opposition to a ban on specific breed dogs is not going to stop a dangerous mixed breed dog from biting.

Humphreys & Peterson Law Firm handles numerous dog bite cases across Texas each year. Through our experience, the Humphreys & Peterson Law Firm has built a strong track record of holding dog owners responsible for their dogs and simultaneously helping dog attack victims in their pursuit of justice and will assist each and every client in obtaining fair compensation for the painful and life-altering injuries such as deep skin wounds, loss of fingers, infections, and permanent scarring.

If you or a loved one has been the victim of a dog bite, it is imperative that you contact
an experienced Texas Dog Bite attorney who will assist in pursuing justice for the victim. To speak directly to an attorney regarding a dog bite case, please feel free to contact Attorney Scott Edgett of Humphreys & Peterson Law Firm at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or for further information feel free to visit our website at http://www.TexasJusticeForAll.com.

Dog attacks represent some of the most gruesome personal injuries that are suffered by Texans, particularly where a child is involved, which is unfortunately often the case. The following statistics obtained from the Center for Disease Control and the American Veterinary Medical Association are quite frightening when you think about how often and how brutal dog bites can be.

Dog Bite Facts in the United States:
*$ 1 Billion Dollars = the amount of money that insurers pay in insurance claims related to dog bites every year.
*53 Million = the number of dogs in the United States.
*4.7 Million = the number of dog bites each year in the United States (1 out of every 10 dogs).
*60% = the number of dog bite victims that are children under the age of 12 years old.

Dog Bite Facts in Texas:
*400,000 = the number of individuals bitten by dogs every year in Texas.
*100,000 = the number of individuals bitten by dogs in Texas that required emergency medical care.
*$ 250 Million = the amount of money paid by insurers in dog bite liability claims in Texas.

Humphreys & Peterson Law Firm handles numerous dog bite cases across Texas each year. Through our experience, the Humphreys & Peterson Law Firm has built a strong track record of holding dog owners responsible for their dogs and simultaneously helping dog attack victims in their pursuit of justice and will assist each and every client in obtaining fair compensation for the painful and life-altering injuries such as deep skin wounds, loss of fingers, infections, and permanent scarring.

If you or your child has been the victim of a dog bite, it is imperative that you contact an experienced dog bite attorney who will assist in pursuing justice for you the victim. To speak directly to an attorney regarding a dog bite injury case, please feel free to contact Attorney Scott Edgett of Humphreys & Peterson Law Firm at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at http://www.TexasJusticeForAll.com.

Many local pet stores allow their customers to bring in their dogs while they shop for pet related items. These pet stores include PetSmart, Petco, and other similar dog friendly pet stores. However, it is important to know your rights and the pet stores potential liability, or lack thereof, next time you visit your local pet store.

In 2007, the New York Supreme Court found that a dog bite incident inside a Petco Animal Supply Store was not foreseeable as a matter of law and that Petco’s animal friendly policy was not inherently dangerous. Thus, Petco was found not to be negligent for its failure to warn customers or to check each person and animal upon entry to the store. Petco argued at the time of trial that the dog friendly policy was industry wide and that only 5 dog bite incidents out of 80 million customers was not outrageous or in legal terms, foreseeable.

In my opinion, 5 dog bites at Petco is 5 bites too many. According to the Center for Disease Control and the American Veterinary Medical Association, it is estimated that there are approximately 4.6 million dog bites per year. That statistic is frightening.

Next time you visit a Petco or any other pet friendly store, be careful as you walk down the isles. More importantly, keep an eye your young innocent children at these stores. Children are the most vulnerable victims of dogs. To date, Texas Courts have not went as far as the New York Supreme Court did in the above referenced case. Hopefully, that will never be the case.

Humphreys & Peterson Law Firm handles numerous dog bite cases across Texas each year. Through our experience, the Humphreys & Peterson Law Firm has built a strong track record of holding dog owners responsible for their dogs and simultaneously helping dog attack victims in their pursuit of justice and will assist each and every client in obtaining fair compensation for the painful and life-altering injuries such as deep skin wounds, loss of fingers, infections, and permanent scarring.

If you or your child has been the victim of a dog bite, it is imperative that you contact an experienced dog bite attorney who will assist in pursuing justice for you the victim. To speak directly to an attorney regarding a dog bite injury case, please feel free to contact Attorney Scott Edgett of Humphreys & Peterson Law Firm at (866) 259-0661, via email at Scott@TexasJusticeForAll.com, or visit our website at http://www.TexasJusticeForAll.com.