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May 18, 2012 /24-7PressRelease/ -- A recent pit bull attack led to the tragic death of an East Texas boy and many questions about dog bite liability. The four-year-old had wandered away from home around sunset and was found dead late the next morning by a neighbor after an all-night search by family members and more than 100 volunteers and law enforcement officers.
The boy had apparently entered the neighbor's yard about a half mile from home, where several dogs were restrained. A Victoria County Sheriff's Deputy told reporters that one of the dogs, a pit bull or pit mix, had mauled the boy. Media attention quickly shifted to claims that the boy's family had been investigated by Child Protective Services based on allegations of abuse and lack of supervision.
However, in any Texas dog bite case, a range of important legal issues must be considered to assess whether an owner should be held accountable. In the most basic sense, dog owners are civilly liable if they are aware of the dog's vicious nature, permit the dog to run free and the dog causes harm to another.
A host of complex factors might also be relevant, including whether children could gain easy access to restrained animals. In addition, dog bite victims may be eligible for punitive (exemplary) damages if dangerous dogs are allowed to run free with a reckless disregard for the public.
Under Texas law, a dog can be deemed dangerous by authorities based on previous incidents or behavior. This means that the owner must:
- Register the dog with the local animal control authority
- Always restrain the dog in a secure enclosure or under a person's immediate control
- Obtain $100,000 in liability insurance coverage for dog attacks that cause bodily injury to people
In the Victoria case, deputies quickly claimed that the dog had been restrained and local animal control authorities had received no complaints about the owner. While official conclusions have an important bearing on whether criminal charges or other sanctions may be pursued, a full examination of the circumstances by a personal injury lawyer can potentially uncover other information relevant to a dog bite lawsuit.
Article provided by The Law Office Of Vern D. Richards
Visit us at www.pilawyerfrisco.com
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