Woman Injured in Hit-and-Run Accident Trying to Escape Dog Attack
A woman was walking near 2200 Bandera on April 23, 2023, when she was attacked by a group of dogs that were lunging at her and barking, according to San Antonio Express-News. To avoid them, she accidentally backed up into the street in the way of oncoming traffic and was struck by a white vehicle. The driver failed to stop, and the police are looking for the driver, who will be charged with a third-degree felony for failure to stop and render aid.
Did You Know?
A San Antonio Express-News analysis of police data found that the 78207-area code in San Antonio, where this incident occurred, has the most animal complaints in the city.
Dog Attacks in San Antonio
Most people are very responsible with their pets and take reasonable care to keep them contained and from injuring people. However, this is not always the case – the CDC reports that 1 in 5 of the 4.5 million people who are bitten by dogs each year require medical attention for their injuries.
The city of San Antonio has recently proposed a plan to tighten its dog attack policy in light of the recent mauling of an Air Force veteran and other attacks occurring in greater frequency.
Animal Care Services Policy Updates in San Antonio
Currently, it is up to the animal control official’s discretion whether or not to issue a civil or criminal citation for an incident of unrestrained pets. With this proposed update, the ACS wants to increase the penalty for repeat offenders from a Class C misdemeanor to a Class B misdemeanor and would provide greater protection to reporters of a dangerous dog form through open records.
The ACS still must abide by Texas property laws when seizing animals, and Texas is a very strong property-rights state. However, these proposed changes, if passed, will increase punishments for dangerous animals in San Antonio.
Dog Attack Lawsuits
Regardless of whether or not a negligent owner faces criminal charges for a dog attack, a person can still pursue a personal injury claim.
Negligence Claim – If the owner of the animal did not take the proper steps to prevent an attack and you are injured, you may be entitled to seek compensation for your injuries. To prove negligence in a dog attack case, the following conditions must be met.
- A person owned or possessed the animal,
- That person owed a duty to exercise reasonable care to prevent the animal from harming others,
- The person failed to meet that duty,
- And the failure to meet the duty caused the plaintiff’s injury.
Strict-Liability Claims – If the owner of a dangerous animal was previously aware of aggressive behavior from their animal and did not properly restrain them, leading to an unprovoked attack, then they are strictly liable for damages, as long as the individual injured was not trespassing. In order to prove strict liability for a dog bite, the following conditions must be met:
- The dog previously bit a person or displayed the intention to.
- The owner was aware of the dog’s previous conduct.
Every case is different, so in order to find out if you are eligible for compensation, speak to an experienced dog attack attorney in San Antonio.
Injured in a Dog Attack?
If you have been bitten by a loose animal in the San Antonio area, call the law office of Carabin Shaw today to find out if you have a personal injury claim at 800-862-1260.