Changing Dog Bite Lawyers in Texas

Your right to switch dog bite lawyers

Texas clients may fire a lawyer “for any reason or no reason at all” (Hoover Slovacek v. Walton). In a pending lawsuit, the change is made through a substitution under Rule of Civil Procedure 10.

Dog bite claims are often against a neighbor, a landlord or a family friend, and some lawyers treat them as small cases. If the bite left scars or nerve damage, you deserve a lawyer who is working the case. Our Texas attorneys, Joyce Ondich and John Efstathiou, handle these cases for Beverly Law. The full process is on our Texas switching page.

How Texas dog bite liability works

Texas follows common-law rules. In Marshall v. Ranne, the Texas Supreme Court held that claims for injuries caused by vicious animals are governed by strict liability. That case involved a hog, and the jury found the owner should have known it was dangerous. The court also said the injured person’s ordinary negligence is not a defense to that strict liability claim, and that an owner of an animal that is not vicious can still be liable for negligent handling.

So a Texas dog bite case usually takes one of two paths:

• Known danger. Proof that the owner knew or should have known the dog had dangerous tendencies, such as earlier bites, attacks or lunging at people.
• Negligence. Proof that the owner was careless, for example by letting the dog run loose or ignoring a leash rule.

What your new lawyer has to catch up on

• Animal control records. We check for earlier complaints, bite reports and quarantine records for the same dog.
• A “dangerous dog” finding. Under Health and Safety Code § 822.041, a dangerous dog includes one that made an unprovoked attack causing bodily injury outside an enclosure reasonably certain to keep it in. An owner of a dog declared dangerous must register it and carry at least $100,000 in liability coverage or financial responsibility (§ 822.042). A prior finding is strong evidence of known danger.
• Insurance. Most dog bite payments come from homeowner’s or renter’s insurance. We confirm the policy, its limits and whether it excludes certain breeds.
• Landlord or property manager. If someone else controlled the property and knew about the dog, there may be another claim.
• Scarring and future care. Photos over time and a plastic surgeon’s opinion often drive the value of a bite case.

Evidence in a dog bite case that fades

Neighbors who saw earlier incidents move away or stop talking once they learn a claim is pending. Social media posts about the dog get deleted. Doorbell and security camera video is often stored for a short time. Wounds heal and change, so photos need to be taken regularly from the start. If your first lawyer did not collect these, we start right away.

Fault and deadlines

Owners often claim the dog was provoked. For a negligence claim, Texas proportionate responsibility applies: no recovery if you are more than 50 percent at fault (Civil Practice and Remedies Code § 33.001). For children, the two-year filing period in § 16.003 does not run while the child is under 18 (§ 16.001), but evidence still disappears, so waiting is risky. For adults, two years from the bite is the general limit.

Switching costs nothing extra

When you move a dog bite case to Beverly Law, your fee percentage does not go up. Your first lawyer’s share for the work done is paid from our fee. Costs that lawyer advanced are normally repaid from the recovery, like costs on any case, and you owe nothing if there is no recovery.

Texas law looks at why you changed lawyers. Without good cause, the first lawyer may claim the contract fee (Mandell & Wright v. Thomas), but Texas courts will not enforce a fee that is unconscionable. With good cause, Rocha v. Ahmad allows only the reasonable value of the work done. We look at your reasons first.

If you signed a settlement release and the case settled, it is generally over and we cannot help.

When the victim is a child

Many dog bite victims are children, and bites to the face are common. A child’s case needs records that follow healing over years, because scars change as a child grows and a later revision surgery may be needed. A parent usually signs the fee agreement and can make the switch. If the first lawyer pushed for a fast settlement before the scar had settled, it is reasonable to ask for a second opinion through our switching lawyers guide.

Talk to us

Ask your current lawyer whether animal control records were requested and which insurance policy applies. If you get no answer, call us for a free review in English or Spanish through our contact page. More about our work is on our Texas page.

Sources

1. Hoover Slovacek LLP v. Walton, 206 S.W.3d 557 (Tex. 2006) (courtlistener.com)
2. Mandell & Wright v. Thomas, 441 S.W.2d 841 (Tex. 1969) (courtlistener.com)
3. Rocha v. Ahmad, 676 S.W.2d 149 (Tex. App.—San Antonio 1984) (courtlistener.com)
4. Texas Rule of Civil Procedure 10 (txcourts.gov)
5. Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974) (courtlistener.com)
6. Tex. Health & Safety Code §§ 822.041, 822.042 (statutes.capitol.texas.gov)
7. Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
8. Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
9. Tex. Civ. Prac. & Rem. Code § 16.001 (statutes.capitol.texas.gov)
10. Texas Professional Ethics Committee Opinion 570 (law.uh.edu)