Punitive Damages Awarded in Austin, TX Dog Bite Case

Tony Plohetski, investigative reporter for KVUE, talked with the victim, his caregivers, and attorney Jason McMinn, founder, McMinn Law Firm in Austin about the injury, recovery, trial, outcome, award, punitive damages, and implications of the recent Georgetown dog bite trial.

Click to view dog attack trial news story.

I think the verdict speaks volumes for what the Williamson County Citizens feel about feeling safe in their backyard. It also sends a clear message that pet owners need to take responsibility when they know they have a dangerous animal and it has previously bitten someone. -Jason McMinn, founder McMinn Law Firm

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Austin Personal Injury Lawyer Jason McMinn’s Trial Win for Dog Attack Victim Featured on KVUE News

Dec 16, 2015:

Today in a trial with McMinn Law Firm representing the dog bite victim, members of the jury found defendants to be guilty of negligence and gross negligence. The verdict awarded $110,000, 10K of which are purely punitive damages. Attorney’s Fees: $44,000.

Texas Has “One Bite Rule,” which means: One Dog – One Bite

This means that the case for liability must be proven to the courts. Under the “one bite rule,” to receive compensation for the injury, the owner had to know the dog had bitten before or had tried to bite; therefore, the owner had knowledge of the dog’s behavior. (Restatement of Torts, Section 509)

The standard for determining if a dog owner is “negligent,” and, therefore, liable for the actions of their dog was established by the Texas courts, Allen ex rel, B.A. v Albin, 97 S.W. 3d 655, 665 (Tex. App.-Waco 202, no pet). “To recover on a negligent handling claim, a plaintiff must prove:

(1) the defendant owned or possessed an animal;

(2) the defendant owed a duty to exercise reasonable care to prevent the animal from injuring others;

(3) the defendant breached that duty; and

(4) the defendant’s breach proximately caused plaintiff’s injury.”

If you or a family member has been the victim of an animal attack, it’s a good idea to talk with a personal injury lawyer who has experience in dog bite cases. Whether you may need help dealing with your own insurance company or the owner of the dog, an experienced lawyer can answer your questions and guide you in knowing what to expect.

What To Do After A Dog Bite