Galveston Negligence Per Se

Are you in Galveston, Texas? Did you suffer injury from a dog bite?

Give Carabin Shaw a call. We can help. Call us at 800-862-1260

Most damages and injury cases are based upon proving negligence. Sometimes, you attorney can do this using a doctrine called “negligence per se.” What this means, in simple English, is that someone is assumed to be negligent, even if this is the only evidence of such, if the requirements are met. One of the easiest ways to show an example of this doctrine is by looking at “negligence per se” situations involving dog bite injuries.

Almost everyone likes dogs. Dogs can be our best friends. Sadly, in some situations dogs can cause injuries if they are not handled properly by their human owners. Frequently this isn’t the dog’s fault. Even if it is, the owners are ultimately responsible for their dog’s behavior. Texas has laws which regulate how owners deal with their dogs. These laws are designed to make us and our beloved pets safe. If they get violated, liability for negligence can follow an injury.

When any ordinance or statute gets violated and that violation causes an injury, this situation is legally called negligence per se.

Many times Negligence per se is found in cases involving dog maulings, dog bites, and dog attacks. This often happens when owners violate:

1. No “free run” laws;
2. Laws involving dogs trespassing; or,
3. Leash laws.

Generally, these kinds of control laws and ordinances for dogs only get passed in large cities in Texas; however, here in Galveston we have a city ordinance which requires that canines be "restrained" by their owners at all times. Additionally, the city of Galveston requires that any dog above four months in age have a license issued by city officials. If a loved one or you have suffered a bite or mauling by caused a dog violating the law of Galveston by running loose in Galveston City or Galveston County, you really should make contact with a local dog bite lawyer as soon as possible after the attack.

A dog owner in Texas owner owes all other persons and animals a duty to try and stop his or her dog from attacking someone after any attack has started. This duty is what is called a “civil duty”, which means that the victim of the dog bite in Galveston can file suit for monetary and other compensation damages if an attacking dog owner does not try to stop any attack.

1. Try whatever you can to keep the offending animal within eyesight, try to find the dog’s owner, and get contact information from the dog owner or supervisor, preferably this would be verified with some kind of photo ID.
2. Immediately use soap and warm water to wash the wound out.
3. Ensure that your tetanus shots are up to date.
4. Visit a local hospital or seek help from your physician.
5. Report all bites to the Galveston Planning and Development Services Department (the contact information is available from us if you need it).
6. Seek help from a Galveston personal injury dog bite attorney, if necessary, and please keep and maintain copies of any and all medical records, bills and other possible evidence. Your attorney will thank you for this, among other things.

Are you in Galveston, Texas? Did you suffer injury from a dog bite?

Give Carabin Shaw a call. We can help. Call us at 800-862-1260