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I got bit in the face by my roommates pitbull. We both are renters. is he liable?

Austin, TX |

The dog never bit anyone before, but did bite my roommates other dog a month before my accident

Attorney Answers 9

Posted

That is a fact-sensitive situation. If your roommate had insurance that could potentially help your ability to recover. More regarding the dogs's biting history would need to be known to further evaluate this claim. We handle these types of claims often and would be happy to discuss with you further.

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No attorney-client relationship is established by S. A. Hayden Briggle's or Briggle & Polan, PLLC's reply to your query on AVVO. The reply provided is general in nature and should not be construed as specific legal advice under any circumstances. The only manner in which an attorney-client relationship can be established with S. A. Hayden Briggle's or Briggle & Polan, PLLC is through a written fee agreement signed by S. A. Hayden Briggle's or Briggle & Polan, PLLC. If you wish to speak with us further, please call us at 512-472-1926.

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Asker

Posted

He has no insurance. I've had 4 plastic surgeries and still need 2 more.

Asker

Posted

The only other nite was when he bit the other dog. The pitbull had to be put down because animal control took my roommates to court

Daniel Knight Dinneen

Daniel Knight Dinneen

Posted

If he has no insurance then you are probably out of luck regardless of whether he is legally liable. (That is not to say you cannot go after his personal assets if he has any of significance.) Also, since Mr. Briggle offered to discuss the matter with you further, I would suggest you take him up on the offer. We went to law school together and he is an incredibly competent attorney.

Posted

Possibly. However, it will be hard to determine liability without knowing more about the facts of this case.

Furthermore, a personal injury attorney would asses the case to determine whether it is worth bringing suit against your roommate who may not have the assets to pay a judgment. I suggest you contact a Texas personal injury attorney who offers free consultations.

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Posted

Laws vary by city, county and state. The short answer is probably but this is not cut and dry. Talk to a texas lawyer.

This answer does not constitute an attorney client relationship.

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Posted

He may be found liable - but can he pay? If he has a renters policy, there may be coverage defenses. For instance, pit bulls are often excluded from coverage.

John Zgourides
Board Certified - Personal Injury Trial Law, Texas Board of Legal Specialization
www.zgourides.com

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

More facts are necessary. Consult with a local personal injury attorney.

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Posted

Need more facts. Contact one of the above lawyers in your state to discuss in detail.

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Posted

I agree with the other attorneys that more facts are needed in order to answer your question. Dog bite cases are tough to win in Texas but can be done with the right attorney who is experienced in dog bite cases. When searching for an attorney, make sure that attorney has handled other dog bite cases in Texas.

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Posted

You might have a claim against your roommate. However, without having any renter's insurance, you might be out of luck. Contact an attorney to look into this for you.

www.AustinTrialLawyers.com

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Posted

It would be easy for me to say that is depends, but I will go a little further than that. In Texas there is no first free bite when it comes to abnormally dangerous animals. It is my opinion that a pit bull is such an animal. And with a face wound, damages have the potential to be significant. I have written on this topic extensively for other lawyers and can tell you that the law is still very much in your favor. Naturally, others are correct when they say that some particular facts of your case might change this analysis, but early signs are in your favor. Find a lawyer who really understands animal bites, not just has handled one here or there. Such a lawyer will serve you well.

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