Animal Attacks on Children

Contact Bivona Law immediately if a dog or another animal attacks your child, causing an injury. As your child’s parent, it is your right to pursue legal action on their behalf. You might be entitled to compensation for medical bills and other expenses arising from the incident.

A common misconception about dogs is that only aggressive breeds bite adults and children. However, any type of dog, big or small, can harm someone. Children are vulnerable to debilitating injuries if a dog, cat, or exotic animal attacks them. 

At Bivona Law, our legal team serves injured clients in Houston, TX. We believe in advocating for children and helping parents seek justice. Call us at 832.835.6491 for a free consultation to learn more about what we can do for you.

Liability Laws for Dog Owners in Texas

In Texas, the one-bite rule establishes liability for injuries from dog attacks. A dog owner is liable for someone’s injury if they:

• Don’t secure their dog, and their dog causes serious bodily injury or death in an unprovoked attack in a location other than their real property or in or on a boat or motor vehicle; or
• Know their dog is a dangerous dog, and the dog attacks someone unprovoked in a place other than a secure enclosure causing serious injury or death.

Dog owners can also be liable for an injury if they violate leash laws set by the county or municipality. Many leash laws require owners to restrain their dogs with a leash of a specific length while in public. Owners must prevent a dog from running at large while at the owner’s home, meaning they must take reasonable steps to keep the dog on the property if not under direct physical control by the owner.

Injuries from Other Animals

Dogs aren’t the only animals to attack people. Cats, snakes, and exotic or illegal pets can hurt someone by biting or attacking them. Whether you’re at a friend’s home or in a public place, owners should maintain control of their animals to prevent injuries. You might be able to pursue a premises liability case against the owner if they are at fault for their animal harming you.

Owners must maintain a safe place for their guests and provide adequate warning of potential dangers. Allowing animals on the property can lead to someone’s injury or death. The owner of a restaurant, hotel, or another business can be liable for allowing people to bring their pets onto the property and not enforcing rules or placing warning signs for other guests.

Premises liability law might also apply if someone has an exotic or illegal pet and releases it without properly rehabilitating and reintroducing it into the wild.

Compensation for Child Injuries from Animal Attacks

Children under 18 can’t legally file a lawsuit. However, a parent or guardian can pursue a case to recover compensation for their child. You might receive money in an insurance claim or lawsuit to compensate for:

• Your child’s lost earning capacity if a permanent injury prevents them from seeking employment in the future
• Pain and suffering your child experienced from the incident
• Emergency room visits, prescriptions, and other medical expenses
• Your child’s mental anguish from the attack
• Physical impairment or disfigurement caused by the injury

You can also recover exemplary damages in a lawsuit. This financial award punishes the defendant for their actions and is meant to deter similar misconduct in the future. You must show clear and convincing evidence of the at-fault party’s malice, gross negligence, or fraud to be granted this award.

Parents can choose the method for distributing compensation to their children. Since minors can’t receive insurance settlements or jury awards directly, money received on their behalf must remain in an account until they’re old enough to receive the funds.

A court registry can hold the compensation until your child turns 18. However, many parents worry about whether their children can manage a large sum of money. Irresponsible spending can drain funds quickly.

Another beneficial option is to create an annuity or a trust. When you establish an annuity or a trust, you can make it so that your child can’t access the proceeds until they’re a legal adult, and you can control how often your child receives payments. A predetermined amount can be distributed to your child weekly or monthly. You can opt for funding necessary expenses, such as college tuition, a mortgage, or daily living costs. It’s also possible to allow distributions when your child reaches certain ages or milestones.

Why You Should Hire Us

At Bivona Law, we understand the stress of getting your child the treatment they need while pursuing a legal case. You should not deal with the burden of an insurance claim or lawsuit when you already have so much on your plate.

Your primary focus should be on your kid’s health and recovery. Let us handle the rest. We will complete all necessary steps, including:

• Coordinating treatment for your child with conveniently-located doctors
• Establishing liability for the incident
• Gathering evidence to prove the injury and expenses incurred from the attack
• Hiring experts to support the case
• Obtaining copies of medical records and bills
• Preparing and sending a demand letter to the insurance company
• Negotiating lower balances for outstanding liens on hospital and medical bills
• Negotiating a settlement with the insurance carrier
• Filing a lawsuit if the insurer offers an inadequate settlement or denies the claim
• Providing legal representation during court proceedings, including the trial

Learn More About How Bivona Law Can Help

A dog bite or animal attack can be traumatic for children. Injuries can range from minor puncture wounds to permanent facial disfigurement, and some injuries can be fatal. The emotional effects might be long-lasting and interfere with development, school, and routine tasks.

Bivona Law understands the devastation of seeing your son or daughter in pain. As a parent, you want to keep them safe. However, you can’t prevent other people from endangering your child despite the precautions you take.

If your child sustained injuries in an animal attack in Houston, call us at 832.835.6491 for a free consultation. We’re available 24/7 to speak with you. We will review the circumstances of your situation and determine the available legal options.