Dog Bites Infant More Than Twenty Times At Unlicensed Daycare Facility
San Antonio Express-News reported that a local, unlicensed, home daycare center was ordered closed. This occurred after some parents reported that a four month old child sustained twenty seven dog bites while at the daycare facility. A spokesperson for the Texas Department of Family and Protective Services stated that police were still investigating the incident. It is very sad to see this type of injury happen to such a young child. If your child was injured because of the negligence of a daycare center, or was injured by the negligence of a dog owner, you should speak to an experienced San Antonio personal injury attorney as soon as possible. It is imperative to protect the legal rights of your child.What is Texas Premises Liability?
In Texas, landowners and homeowners have a duty to keep their property reasonably safe for allowed visitors. If you are suing someone for failing to live up to this duty, you are suing under a concept known as premises liability. In this type of case you will need to establish that the owner of the premises owed a duty of care to the injured party. Then you must prove that this duty of care was breached by the premises owner and that the breach of duty of care caused the injuries. In the case of an injured child at a daycare, the duty of care may be fairly easy to establish. But, you need the assistance of an experienced San Antonio premises liability attorney because actually proving every one of the required elements to successfully recover fair compensation will never be easy. For instance, the opposing side may attempt to argue that you were aware of the danger by leaving your child at a daycare with a dog, and therefore assumed the burden of the risk onto yourself.Texas Dog Bite Law
In Texas, liability for injuries caused by dog attacks fall into one of three areas of law. This includes:
- The common law: For Texas dog bites, the common law, is often referred to as the ‘one bite rule’. This rule essentially puts a heightened standard of scrutiny on a dog after it has bitten a person one time. From that point forward, the owner must be aware that the dog is potentially dangerous.
- Lillian’s Law: This law established more stringent criminal penalties for negligent dog owners, whose dogs seriously hurt, or kill a person. It can be used to support a civil case.
- Local Ordinances: Many Texas municipalities, including San Antonio, have local ordinances which put more legal responsibilities on dog owners to prevent attacks.
An experienced San Antonio dog bite attorney can comprehensively review your case, and determine how and where liability can be established, so that you can recover full and fair compensation for your injuries.Contact An Experienced San Antonio Personal Injury Attorney
Unfortunately, dog attacks still happen much too frequently, and they can have very serious consequences for the victims. Many victims of dog attacks are young children, and there is even a risk of death in extreme cases. A dog owner has the responsibility to protect a young child visiting their property from harm, especially if that dog owner is running a daycare facility. At the Law Offices of Ronald A. Ramos we have extensive experience handling Texas personal injury cases. Contact an experienced Texas personal injury lawyer today for to schedule a consultation.