Fatal Dog Attack Kills Four-Year-Old Texas Boy

In any Texas dog bite case, a range of important legal issues must be considered to assess whether an owner should be held accountable.

2012-05-18

May 18, 2012 (Press-News.org) A recent pit bull attack led to the tragic death of an East Texas boy and many questions about dog bite liability. The four-year-old had wandered away from home around sunset and was found dead late the next morning by a neighbor after an all-night search by family members and more than 100 volunteers and law enforcement officers.

The boy had apparently entered the neighbor's yard about a half mile from home, where several dogs were restrained. A Victoria County Sheriff's Deputy told reporters that one of the dogs, a pit bull or pit mix, had mauled the boy. Media attention quickly shifted to claims that the boy's family had been investigated by Child Protective Services based on allegations of abuse and lack of supervision.

However, in any Texas dog bite case, a range of important legal issues must be considered to assess whether an owner should be held accountable. In the most basic sense, dog owners are civilly liable if they are aware of the dog's vicious nature, permit the dog to run free and the dog causes harm to another.

A host of complex factors might also be relevant, including whether children could gain easy access to restrained animals. In addition, dog bite victims may be eligible for punitive (exemplary) damages if dangerous dogs are allowed to run free with a reckless disregard for the public.

Under Texas law, a dog can be deemed dangerous by authorities based on previous incidents or behavior. This means that the owner must:
- Register the dog with the local animal control authority
- Always restrain the dog in a secure enclosure or under a person's immediate control
- Obtain $100,000 in liability insurance coverage for dog attacks that cause bodily injury to people

In the Victoria case, deputies quickly claimed that the dog had been restrained and local animal control authorities had received no complaints about the owner. While official conclusions have an important bearing on whether criminal charges or other sanctions may be pursued, a full examination of the circumstances by a personal injury lawyer can potentially uncover other information relevant to a dog bite lawsuit.

Article provided by The Law Office Of Vern D. Richards
Visit us at www.pilawyerfrisco.com

ELSE PRESS RELEASES FROM THIS DATE:

Commercial Truck Fleets Developing Distracted Driving Policies

2012-05-18

The Federal Motor Carrier Safety Administration (FMCSA) issued new regulations that ban commercial motor vehicle drivers from using handheld cell phones. The regulations became effective on January 1, 2012. These regulations have forced many trucking companies to revise their communication policies with their drivers. Cell phones provide a quick and convenient method for companies and their dispatchers to remain in contact with their driver and shipments. If a crash occurs when a driver is talking or texting on a cell phone there is a strong inference that the phone ...

New study shows simple task at 6 months of age may predict risk of autism

2012-05-18

VIDEO: New research from Kennedy Krieger finds that a simple pull-to-sit task at six months of age may predict risk of an autism spectrum disorder. Researchers at Kennedy Krieger identified weak... Click here for more information. BALTIMORE, Md. – A new prospective study of six-month-old infants at high genetic risk for autism identified weak head and neck control as a red flag for autism spectrum disorder (ASD) and language and/or social developmental delays. Researchers at the ...

Could cap and trade for water solve problems facing the United States' largest rivers?

2012-05-18

Lake Mead, on the Colorado River, is the largest reservoir in the United States, but users are consuming more water than flows down the river in an average year, which threatens the water supply for agriculture and households. To solve this imbalance scientists are proposing a Cap and Trade system of interstate water trading. The proposal, published in Journal of the American Water Resources Association (JAWRA), builds on the success of such an initiative in Australia. The research was inspired by a first-year university assignment by Noelani (Olenka) Forde, who was studying ...

Space Age Alcohol Detection System Funded in 2012 Transportation Bill

2012-05-18

Most drivers are aware that a DUI conviction can lead to the installation of an ignition interlock device in their vehicle. An ignition interlock, of course, will not allow a vehicle to start unless the driver breathes into the device and passes a test for alcohol consumption; the driver may also be required to periodically provide a breath sample while the engine is in operation. The consequences of a DUI arrest can be harsh if you are ultimately convicted, and an ignition interlock may be the least of your worries. But forget alcohol testing as a consequence: some ...

Computing experts unveil superefficient 'inexact' chip

2012-05-18

HOUSTON -- (May 17, 2012) -- Researchers have unveiled an "inexact" computer chip that challenges the industry's dogmatic 50-year pursuit of accuracy. The design improves power and resource efficiency by allowing for occasional errors. Prototypes unveiled this week at the ACM International Conference on Computing Frontiers in Cagliari, Italy, are at least 15 times more efficient than today's technology. The research, which earned best-paper honors at the conference, was conducted by experts from Rice University in Houston, Singapore's Nanyang Technological University ...

Oregon Driver Arrested On Suspicion of Being Drunk Had Kids in the Car

2012-05-18

Samuel Lee Sanders, 37, was arrested in early April on a laundry list of charges. Police in Washington County booked Sanders on suspicion of driving under the influence of intoxicants (DUII), reckless endangering, reckless driving, refusal of a breath test and driving with a suspended license. Significantly, Sanders had two young children with him in the car at the time of his arrest. If he is unable to stage a successful Oregon drunk driving defense, this could mean substantially increased penalties. Reckless Endangering Charge Tacked On For DUII With Children in ...

New York Construction Accident Lawyer from The Perecman Firm Reflects on the Dangerous Work Environment for Ironworkers as Union Recruits Apprentices

2012-05-18

Union officials handed out applications for 50 recently-opened ironworkers apprenticeship positions, reported the New York Daily News (5/2/2012). http://www.nydailynews.com/new-york/queens/hardhat-hopefuls-flood-woodside-chance-apprentice-article-1.1071408#ixzz1tpUyl4HR All 500 applications were handed out in approximately three hours, union officials told the New York Daily News. Hundreds of job seekers had camped out in front of Metallic Lathers Local 46 in Woodside, Queens for their chance to apply. The first person in line had arrived a week before the applications ...

Hybrid vaccine demonstrates potential to prevent breast cancer recurrence

2012-05-18

CHICAGO — A breast cancer vaccine already shown to elicit a powerful immune response in women with varying levels of HER2 expression has the ability to improve recurrence rates and is well tolerated in an adjuvant setting, according to new research from a clinical trial led by researchers at The University of Texas MD Anderson Cancer Center. The findings, released today, will be presented on Monday, June 4 in an oral presentation at the 2012 Annual Meeting of the American Society of Clinical Oncology (ASCO). It builds on previous research showing the vaccine, known as ...

Preventing post-traumatic stress

2012-05-18

A decade after the start of the wars in Afghanistan and Iraq, studies have shown that the incidence of post-traumatic stress disorder (PTSD) among troops is surprisingly low, and a Harvard researcher credits the drop, in part, to new efforts by the Army to prevent PTSD, and to ensure those who do develop the disorder receive the best treatment available. In an article that appears in the May 18 issue of Science, Professor of Psychology Richard J. McNally says there is reason for cautious optimism when it comes to the prevalence of PTSD. While early estimates suggested ...

Redefining Childhood Presentation at Playcon to Focus on Kids' Play Research

2012-05-18

WHO: Renee Weber is VP, Consumer Strategy and Research at The Marketing Store Worldwide, one of the largest brand activation, loyalty, and youth and family marketing agencies in the world, leads youth research for consumer products, toys and promotional marketing efforts working with major brands. Renee is an expert in youth and family. At The Marketing Store, her primary responsibilities are to provide more in-depth understanding of youth/families, youth promotions/product development, help lead consumer-based product innovation and establish The Marketing Store Play ...

LAST 30 PRESS RELEASES:

Extreme drought contributed to barbarian invasion of late Roman Britain, tree-ring study reveals

Antibiotic-resistant E. albertii on the rise in Bangladeshi chicken shops

Veterinary: UK dog owners prefer crossbreeds and imports to domestic pedigree breeds

Study links climate change to rising arsenic levels in paddy rice, increasing health risks

Study indicates that risky surgery after a stroke due to carotid artery stenosis is no longer necessary for majority of patients

Blood pressure: New research shows a changing climate may jeopardise global blood supply

Start of US hunting season linked to increased firearm incidents, including violent crimes and suicide

New system could help reduce unnecessary surgery to prevent strokes

Strongest hints yet of biological activity outside the solar system

Children face ‘lifelong psychological wounds’ from entrenched inequities made worse by pandemic, doctor warns

New research reveals socio-economic influences on how the body regulates eating

Unhealthy metabolic profile sharply increases risk of breast cancer returning and subsequent death from breast cancer among those who have survived the disease