When a dog bites, the aftermath can be quite perplexing. It often depends on whether or not the animal was provoked. But establishing this can be tough. So, here are some things you must know to strengthen your claim:
Provocation in dog bite cases refers to your actions that made the animal feel frightened, defensive, or threatened, leading to a bite. It can be intentional and unintentional, and examples include stepping on the dog, kicking, hitting, pulling their ears or tail, interrupting while they are eating or caring for their puppies, etc. Even approaching an unfamiliar dog too quickly, stroking its forehead when it shows signs of discomfort, or invading its personal space can all be seen as provocative behaviors.
If the other party, i.e., the dog owner and their attorney, can prove that you provoked the dog to bite, it can reduce or even eliminate their liability. In addition, as Texas follows the One-Bite rule, it doesn’t apply in the case of provocation. Even if the dog has a history of aggression or has bitten someone, provoking the dog reduces the owner’s liability.
But it’s not legal provocation if the dog perceives so, and you weren’t wrong. Sudden movements, loud noises, and an unfamiliar scent can also provoke a dog, but that won’t be considered a legal provocation.
While provocation can be a central component in a dog bite case, its assessment depends on specific circumstances. The court typically considers the victim’s age, the dog’s behavioral history, and whether the victim was aware of their actions. For instance, if a dog bites a child, they are less likely to be held accountable for provocation, as they cannot foresee the circumstances, which complicates the bite case.
If you have been injured in a dog bite attack and you are being accused of provoking the animal, it’s important to get qualified legal counsel to build the claim in your favor. A skilled Texas dog bite lawyer can help you navigate the legal nuances and pursue the deserved compensation. They can gather witness statements, surveillance footage, veterinary reports, and other necessary evidence to determine whether provocation occurred and to protect your rights.
Dog bite cases aren’t always simple. Factors like provocation can impact the outcome of the case. If you have been injured in a dog bite incident, do not handle the complexities by yourself. Get in touch with a Texas, Austin, Houston personal injury attorney, or anyone nearby to advocate on your behalf and get you the compensation that you need to get your life back on track.