Dog Bites And Injuries Caused By Dangerous Property Conditions
If you were attacked by a dog or injured on public or private property because of dangerous conditions, you may have grounds for a premises liability claim (also known as a slip-and-fall claim). Property owners have a legal duty to keep their property free of dangerous conditions, including dangerous animals. When they fail to maintain safe conditions or post signs warning of dangerous conditions, property owners can be held liable for injuries that happen on their premises.
Proving Liability For Slip-And-Fall Accidents
The fact that you were injured on public or private property is not enough to merit a lawsuit. The law is clear on what is required to file a premises liability claim:
- There were dangerous conditions on the property.
- The injury was caused by those dangerous conditions.
- The property owner was aware or should have been aware of the dangerous conditions.
- The property owner did not correct the dangerous conditions before the injury happened.
Texas premises liability laws apply to everyone except most trespassers. If the property owner was grossly negligent or intentionally injured the trespasser, a trespasser can also file a premises liability claim.
Understanding The Texas Dog Bite Law
Texas follows what is sometimes referred to as the “one free bite rule.” This means that if the dog that attacked you has never bitten or attacked anyone before, the dog owner is not liable. There are two conditions that must be met to file a dog bite claim in Texas. First, you must prove that the dog has either already bitten someone else or acted as if it were going to bite. Second, you must prove that the dog’s owner or keeper was aware that the dog attacked or attempted to attack someone in the past.
Don’t Wait To File A Claim
One of the biggest obstacles we face in filing a premises liability claim is when people wait to file a claim. By law, you have up to two years from the date of your injury to file a claim. However, the more time that goes by, the harder it is to prove your claim. When an accident happens, property owners are usually quick to correct the dangerous conditions that caused your injury. It is the right thing for them to do, but it destroys evidence in the process. It also becomes difficult to track down witnesses. If you believe you have a claim, contact us as soon as possible.