If the dog's bark is worse than his bite, a court case likely won't
be the end result. However, if the bite is worse than the bark, that is
another matter.
In some instances, a dog owner may face civil and criminal charges
if their dog takes a bite out of someone. While it might not seem like
a big deal, it may turn out to be that way.
Dog bite law is an interesting mixture of civil and criminal law and
the laws vary widely among jurisdictions. If faced with a dog bite,
it's best to hire a competent dog bite attorney who will know what the
law says in the particular jurisdiction where the incident took place.
An important issue in dog bite cases is whether the jurisdiction
follows the one-bite rule.
"The one-bite rule actually originated in English common law and
generally speaking, protects a dog owner until he has actual knowledge
his dog is dangerous/vicious. Once that becomes evident, the owner is
strictly liable for any injuries inflicted by the dog," explained Jack
Zinda, a partner at the law firm of Heselmeyer Zinda PLLC, Austin,
Texas.
Most states are fairly consistent in saying that an owner is liable
if any injuries were caused by negligence in handling the dog or by
violating a strict leash law. "If a person happens to live in a state
where an owner is considered to be liable by virtue of an existing
statute because they own the dog, hiring a dog bite attorney is the
smart thing to do," added Zinda.
If faced with a dog bite situation, make certain to assist the
victim to get medical attention if it is necessary. "Do not volunteer
any information to the person about the dog or the dog's habits or
personality. Save this discussion to have with the attorney," advised
Jack Zinda, a partner at the law firm of Heselmeyer Zinda PLLC, Austin,
Texas. If the dog has unexpectedly bitten someone, or even if it was
provoked to bite, immediately take all reasonable precautions to
protect anyone else from a dog bite.
If there were any witnesses to the dog-biting incident, get names
and addresses, etc. and call the insurance company to report the
incident. This is to make sure that if there is a claim, the insurance
company defends the owner in a lawsuit. If they are not aware of the
incident, any claims filed later may be denied. "Here is one tip that
most home owners don't know about, and that is insurance companies will
generally ask what breed of dog is on the premises because they will
either charge higher rates or decline to insure at all," said Zinda.
Jack Zinda is an Austin business lawyer with Heselmeyer Zinda, PLLC. To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.