Scutt Law PLLC loves Houston! We have called Houston home and made lifelong friends. A truly great city–some of the most giving, talented, and friendly people we have ever met. Scutt Law PLLC has over a decade of service in Texas and we are proud to serve our clients in Houston! Scutt Law PLLC is the Personal Side of Personal Injury. We look forward to keeping Houstonians at the Center of Our Universe!
Here’s to taking a moment this morning to wish everyone blessings and peace! Take care of yourselves and have a great day!
Wishing you a happy Father’s Day in 2020! What a crazy year it has been for everyone. Hoping that you have a fun and relaxing day spending time with those you love.
Promise me you’ll always remember you’re braver than you believe and stronger than seem, and smarter than you think. A.A. Milne.
Generally, the time for which to file a civil claim for damages from a dog bite in Texas is two years. This is commonly referred to as the Statute of Limitations. Texas follows the “One Bite Rule” of general negligence requiring that the dog owner: (1) knew the dog had bitten someone in the past or acted aggressively; or (2) was negligent in controlling the dog or preventing the bite from occurring and this negligence caused the plaintiff’s injuries. However, if the bite was caused by a “Dangerous Dog,” there may be “Strict Liability” and you may be able to recover damages by showing that the dog was known to be dangerous. The categorization of “Dangerous Dog Breeds” is relevant:
Texas law can also impose criminal penalties and a dog owner may be charged with a felony if: the owner “with criminal negligence” fails to secure the dog, and the dog attacks someone, unprovoked, at a location away from the owner’s real or personal property, or; the owner knows the dog is a “dangerous dog” and the dog attacks someone, unprovoked, outside its own secure enclosure, and; either of these situations causes serious bodily injury or death.
There are “Better Things To Think About Than Lawyers!” Scutt Law PLLC is here if you need us. We would rather think about Texas BBQ!
Many people want to know they would need a personal injury attorney–so here is a quick video on some of the top reasons when you ask yourself “How Can Scutt Law Help Me?”
At this time of year, we want to take a moment to reflect and give thanks. This preface to the liturgy that is given in churches the world over is so beautiful and representative of how we truly feel:
May The Lord be with you. And also with you. Lift up your hearts. We lift them up to the Lord. Let us give thanks to the Lord, our God. It is right to give him thanks and praise. It is right, and a good and joyful thing, . . .
We have so much to be thankful for this year at the Scutt Law, PLLC family. As we approach the holiday season with Thanksgiving and Christmas being right around the corner, we would like to take time and share what we are thankful for over the last few years. There are so many wonderful people that showed up to help us when they had no reason–and we want to make sure that they know how much we value that help. This list includes family, friends, doctors, and strangers that showed up at just the right time to lend a hand.
We look forward to sharing with you throughout November and the holiday season how thankful we are with stories and pictures. It took all of our energy to stay focused on getting to the other side of these tough medical issues. Our focus was putting all of our energy into getting these problems solved. Now that we have a moment to reflect, we want to show you where we have been over the last few years.
Halloween is almost here! I’m looking forward to all the trick or treaters and creative costumes. The National Highway Traffic Safety Administration has teamed up with local officials to put out the message that “Buzzed Driving is Drunk Driving.” It can be a fun night, but here is a scary statistic: from 2013-2017, 42% of fatalities on Halloween were caused by drunk drivers (NHTSA).
NHTSA’s message is that even one alcoholic beverage could be one too many for some drivers. Drivers on Halloween share the road that night with cars and many pedestrians (including lots of little people). Be safe and hand the keys off to a sober driver, cab, or ride share —buzzed driving is drunk driving.
Our office recently sat down to have a conversation with a Fed-Ex driver from the San Antonio area. We talked about how busy they were on their route. We talked about Amazon Prime and the boxes upon boxes that are showing up outside the doorsteps of houses and apartments all over America. The topic of conversation turned to some of the dangers that delivery drivers face when they do their job each day. One major danger that was discussed was being bitten by a dog during a delivery. And, nearly 1 in 5 people in bitten by a dog require medical attention according to the CDC.
The Fed-Ex driver had been bitten numerous times as he attempted to leave packages on customers doorsteps. He was also not alone as he discussed how this was a common occurrence among the other drivers. He had delivered in many areas throughout Texas–some of the areas much more rural than San Antonio. This interesting conversation revealed that those in delivery professions (or delivery gigs in our new gig economy) may face a serious danger of being seriously injured from a canine attack.
Americans love dogs and properly trained dogs can bring a lifetime of companionship and love from that relationship. According to the CDC, over 36% of American households own a dog. Professionally trained dogs can even assist the blind, sniff out bombs in our military, and aid police officers as they go about enforcing the law.
But, as lovable and helpful as dogs can be, they are still animals and any dog can bite. It is not the breed of the dog that determines solely whether they bite, but rather the individual dogs history and behavior. However, there are many dog owners out there that choose to keep dangerous or vicious breed dogs that pose a serious danger to those that come into contact with those near wild animals.
Insurance companies that write homeowners or renters policies are very familiar with dog bite claims. Accordingly, there are many dogs that they will provide coverage for (or special premiums will apply to have that breed covered on the policy). According to Psychology Today, the top 14 breeds that are considered dangerous breeds are as follows:
Dog bites can be minor. Many people have experienced a dog nip at them without any serious consequence. But, dog bites can also be serious and lead to severe pain, blood loss, nerve damage or even death. Serious dog bites may require years of treatment and reconstructive surgery that can be extremely expensive. Many of the companies in the gig economy utilize independent contractors as delivery drivers–so that means that there may not be any workers compensation or any type of occupational injury insurance available to them if there is an on the job injury like a dog bite. However, the difference with a dog bite is that the dog owner is a responsible third party that may have homeowners or renters insurance to cover the occurrence of a dog bite.
The CDC has published some techniques to employ to prevent becoming a victim of a dog bite and what to do if you are attacked:
Despite your efforts to prevent a dog attack there may be instances when those efforts are not enough. If you are attacked by a dog, the first thing that you need to do is work to protect yourself. According to the CDC, you can do this by trying to place an object like a jacket or purse between you and the dog, and if you are knocked down, curl into a ball with your head tucked in and your hands over your ears and neck.
When you get to a safe place, immediately wash wounds with soap and water. Seek medical attention, especially:
After getting medical attention, you will want to report the dog bite to animal control or the local police or sheriffs department. This will make an official record of the event and may prevent further attacks when animal control gets involved. Call your local animal control (or police or sheriff) and report the bite. After the bite is reported, animal control can verify the dog is up to date on vaccinations, including rabies. The animal control investigation will most importantly seek out the owner of the animal–and then look at whether the dog has a biting history, has a pattern of behavior, or other dangerous habits.
If you are on the job, then notify your employer. You may also want to retain an attorney that has handled dog bite matters like Scutt Law, PLLC. Dog bite cases can become very detailed. Without the right counsel, you may give the dog owner’s insurance company carte blanche to try to devalue your claim. Serious dog bites can incur hordes of medical expenses and take a very long time to heal. You may have time that you lose from wok.
An attorney experienced with dog bites can assist you in pursuing compensation for your medical bills and lost wages. Keep any record that you have as experienced attorney will want copies of your photos, all police report information, all the information you have on the dog and owner, and the animal control report. However, if you do not have this information readily available, then the attorney will work to gather this information on your behalf.
There are steps that delivery drivers and others can take to avoid being attacked by a dog. However, if you are attacked, then report the bite and seek legal help from an experienced dog bite attorney. Scutt Law, PLLC is here to help in those difficult situations.
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