San Antonio Express News reported that a local woman was recently sentenced to five years in prison relating to a deadly 2014 dog attack. In April of 2014, a pitbull belonging to the defendant escaped and killed an 83 year old woman. Just one year before that, that same dog, and another one of the defendant’s dog attacked and seriously injured a 13 year old boy. After a dog attack in Texas, increased responsibility is placed on the dog owner to ensure that the dog never attacks an innocent person again. If you have been injured by a dog, contact an experienced San Antonio dog bite attorney.
Texas Dog Bites: Lillian’s Law
The defendant in this case was indicted under Lillian’s Law. This law was passed by the Texas state legislature in 2008 in response to the death of an elderly woman. She was killed when a pack of violent dogs escaped from her neighbor’s yard. The law greatly increased the penalties for criminal negligence in serious dog attacks. It is reported that this is the first time Bexar County officials have charged someone using Lillian’s Law. A conviction under Lillian’s Law can be important for a civil case, as the conviction can provide important evidence to support a personal injury or wrongful death lawsuit.
Proving Negligence in a Texas Dog Bite Case
In many Texas dog bite cases, Lillian’s Law will not be relevant. Texas common law still uses what is known as the “one bite rule”. The one bite rule stems from the theory of premises liability and it only puts the onus on dog owners to eliminate risks that they knew, or should have known, about. Essentially, the one bite rule means that a high level of responsibility is placed on the dog owner once they know that the dog is aggressive. So, if a dog bites someone once, going forward, that dog owner should now know that the dog poses a safety risk and should taking precautions accordingly. This is why the one bite rule is often referred to as the one free bite rule. But in fact, no bites are ever required at all. Once a dog displays aggressive and potentially dangerous behavior towards humans, the dog’s owner has the responsibility to recognize that fact and protect people from the dog. The one bite rule, and proving past aggressive behavior by the dog can make dog bite cases complex. An experienced dog bite attorney becomes all the more important.
Contact An Experienced San Antonio Dog Bite Attorney
Dog attacks can cause extremely serious injuries. The consequences of an attack can be especially devastating for more vulnerable people such as young children and the elderly. In Texas, dog owners have certain legal obligations to protect the safety of others. If you have been injured by a dog in Texas, an experienced dog bite attorney can help you recover full and fair compensation for your injuries. Contact the Law Offices of Ronald A. Ramos today to schedule a free consultation.
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