Legal Question in Personal Injury in Texas
I went to my new employer's house to fill out paperwork and took my son as he's been there many times with my mom while she was housesitting. We spent a few minutes in the backroom that leads to outside looking at the iguana and my 8yr old son peered out the back door as it was a glass type screen door, he was looking for the goats he feeds when there, then my employer and I stepped into the next room to do the paperwork. We heard the back door open and close, my employer said was that the door and I said yes. she said and I quote we have a viscous dog out there (apparently this dog is so bad the take it when they travel because no one else can care for it) I ran to the door to see my son in the ground and this huge pitt/lab/etc tearing into my 8yr olds thigh shaking him like a rag doll and my kid screaming. I run and kick the dog and scoop my son up to rush him inside to look him over. (please note the dogs other owner was outside with them but on the other side of the yard and was running my way) seeing the severity of the bites on his back I looked at his leg and speed when I saw a chunk of thigh missing, I then rushed him to the hospital, (was pulled over for speeding on the way but let go when officer was notified what had happened) at the hospital he received stiches in six different areas. now at this point I've been told by my boss that they are putting the dog down. my son's Medicaid covered the hospital stay but I've spent a fortune in bandages etc to keep the wounds safe and clean but have received no compensation. I found out shortly after this dog bit someone else not to long ago and then I find out today that they lied to me and aren't putting the dog down. I don't know what to do if I pursue this I'll probably lose my job and I'm a single mother but I can't let this stand, my son was in horrible pain for days and he's now even scared of my roommates little dog which he loved before. We both have nightmares where and I still picture my son on the ground with that dog hurting him. but the owners don't care as a matter of fact they called me the next morning wanting me to leave my son to work overtime. then to tell me you don't have to put down the dog that tried very hard to lol my child and on top of that knowing what I've spent so far on supplies only to be given $80 to hold me till I get paid and can afford to buy more of what he needs.... I'm so angry and just need some advice
1 Answer from Attorneys
I am so sorry to hear about your 8-year-old son's injuries. They can be very traumatic and have a lasting impact.
Litigating, or making a claim because of a dog bite/attack depends upon the type of animal. If it is a pit bull you probably have a better case than if it is a Labrador retriever.
It all comes down to the owner's negligence and whether he used reasonable care under the circumstances. It also depends on previous incidents, not necessarily injuries involving the animal. there are a lot of ifs involving animal litigation/claims that without more information about the animal's past, I cannot tell you whether or not you might have an exemplary damage claim. Additionally, the size of the recovery will depend upon, probably, the amount of insurance coverage which is usually limited in liability amount on a residence. Generally you have a claim for your son's medical, and he has a claim for physical impairment, pain, suffering and mental anguish and disfigurement, and if it affects his ability to get keep and retain employment in the future, he would have a claim for lost wages. You would probably have a bystander's claim because you saw it, you are related to him is a parent, and what you witnessed was a very traumatic occurrence. he could recover those as well. in the exemplary/punitive damages area you would have to have a number of attacks in order to be successful frequently is better not to bring a punitive damage claim because you will recover elevated actual damages for aggravating circumstances. If your son has to have reconstructive surgery or plastic surgery in order to ameliorate some of the effects of the attack,I am very doubtful that Medicaid would pay for that cost.
If you are successful, Medicaid must be repaid, and if the hospital has filed a hospital lien, they would have to be repaid also, if Medicaid has not paid all of their bill. I have tried a number of cases in Angleton, county seat of Brazoria County over the past 30+ years. I am R. Gary Stephens 713-629-1111, and if you would like to discuss this case, please call me. My cell phone is 713-203-3333. Insurance personnel will probably want to talk to you, so please do not give a statement. This appears to be a substantial claim so you would probably need to hire a lawyer that you trust to represent you, even if it is not me. Best wishes
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