Personal Injury Law: Dog Bites – Landlords Liability

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Personal Injury Law: Dog Bites – Landlords Liability

Landlord liability case law in dog bite claim differ from state to state. Currently, there are no statutes in the United States that automatically make landlords liable for dog bites; however, there have been several big cases based on common law principles where Landlords have been held liable for a renters dog biting a person on the property owned by the landlord. In 1997, the landmark case Shanita M. Matthews et al. v. Ambetwood Associates Limited Partnership, Inc. et al. opened a Pandora’s Box for Landlord Liability suites. In this case, the court found that the landlord was liable by considering the following issue: Does a Landlord of an apartment complex owe a duty to social guests of a tenant, who while in the tenants apartment, are injured or killed by a highly dangerous Pit Bull kept by the tenant? More about our San Antonio Dog Bite Injury Attorney here
Ultimately, the case set precedent for landlords to be liable by asking the following: When the landlord knew of the dogs presence when the existence of this breed was in direct violation of the Lease; Was the Landlord aware of the danger the dog posed to other tenants; Where the Landlord could have taken steps to abate the danger. The victim will consider making a claim against the renters landlord when a renters dog bites a person and the renter does not have renters insurance (or that insurance is insufficient). The claim must be based on common law principles because there are no statutes in the USA making landlords automatically liable for dog bites. If you are a victim of a dog bite while on a rental property, there is help available. Please contact the experienced, knowledgeable Dog Bite Lawyers at our Law Firm for a free consultation.

What is an Owner for purposes of the Dog Bite Statute?

Courts have developed case law to define who is an owner. A recent case discussed the issue of whether landlords may be considered owners for purposes of the Dog-Bite statute. In one case, a pit bull attacked two children after escaping from a nearby property. In this case, the dog was owned by a tenant of the property. The landlords were not connected to the incident other than the fact that they owned the property. The court ruled that landlords are non-owners for purposes of the Dog-Bite statute and, therefore, did not apply to the landlords. These recent cases discuss the following issues: Whether a landlord can be considered an owner, Whether one is lawfully upon private property, the sufficiency of damages in a dog bite case, and Whether a dog owner is liable to an independent contractor (such as a licensed dog daycare facility or professional dog walker) who agrees to care for a dog.

Contact our Attorneys in Your Area

Most states have not yet imposed liability on the landlord of rental property, but have awarded damages when a suit was brought against homeowners. In one case, the parents of a fourteen-year-old boy who was bitten while visiting the home of the dog’s owner. The dog’s owner acknowledged liability for the attack. The sole issue on appeal was the measure of damages of $5,000 awarded by the trial court. The plaintiff appealed, arguing that the damages awarded by the jury were manifestly inadequate and disproportionate to his injuries. The appellate court ruled that a jury’s award must be sufficient and proportionate to the injury sustained. Following this logic, an additional $20,000 was awarded, for a total award of $25,000. So, the door has been opened for landlord liability cases. If you or a loved one has been a victim of a dog bite, please contact the Dog Bite Lawyers at our Law Firm for a free consultation.

Carabin Shaw – Accident Injury Lawyers

Press Release

Carabin Shaw – Accident Injury Lawyers Announces Relocation of San Antonio Office

San Antonio, [August 2023] – Carabin Shaw – Accident Injury Lawyers, a leading personal injury law firm in Texas, is excited to announce the relocation of its San Antonio office from its previous location on 630 Broadway, San Antonio, 78215 to a new and improved facility, located at the “old Creamery” 875 E Ashby Pl# 1100 San Antonio, Texas 78212
The move is part of the firm’s commitment to serve their clients better and provide enhanced legal representation in the San Antonio area.

The new office space, strategically located at 875 E Ashby Pl# 1100 San Antonio, Texas 78212, offers an upgraded and modern environment for clients and staff alike. With state-of-the-art facilities and expanded resources, Carabin Shaw is poised to continue delivering exceptional legal services to individuals and families who have suffered injuries due to accidents.

Carabin Shaw’s team of experienced attorneys remains dedicated to fighting for the rights of their clients and maximizing their compensation. Whether it’s a motor vehicle accident, workplace injury, medical malpractice, or any other personal injury matter, the firm’s attorneys have a proven track record of obtaining favorable client outcomes.

“We are thrilled to announce the relocation of our San Antonio office,” said James Michael Shaw, Managing Partner at Carabin Shaw – Accident Injury Lawyers. “This move represents our commitment to providing top-notch legal representation and support to our clients. The new office space allows us to enhance our services further and better accommodate the needs of those injured in accidents.”

Carabin Shaw’s new office location is easily accessible and conveniently situated [provide details about accessibility and nearby amenities]. Clients can expect the same professionalism, dedication, and personalized attention that Carabin Shaw has been known for during its thirty years of service to San Antonio.

As the firm settles into its new location, Carabin Shaw – Accident Injury Lawyers reaffirms its mission to provide compassionate and aggressive legal representation to those who have suffered injuries caused by the negligence of others. The firm remains committed to fighting for justice, holding responsible parties accountable, and obtaining fair compensation for their client’s physical, emotional, and financial losses.

For further information about Carabin Shaw – Accident Injury Lawyers and their services, please visit carabinshaw.com or their office at 875 E Ashby Pl# 1100 San Antonio, Texas 78212.

About Carabin Shaw – Accident Injury Lawyers:
Carabin Shaw: Accident Injury Lawyers is a premier personal injury law firm serving clients in San Antonio and across Texas. With over [number] years of experience, their dedicated team of attorneys specializes in various personal injury cases, providing aggressive representation and personalized attention to each client. Carabin Shaw is committed to fighting for justice and ensuring that accident victims receive the compensation they deserve.

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Lost Your Driver’s License Do To An Infraction

This Blog was brought to you by the San Antonio’s Attorney for Traffic Violations Gordon Slade 210-820-3033

Lost Your Driver’s License Do To An Infraction

One of the most consistent calls at our Law Office is from drivers who did not know their license was suspended. Unfortunately for these drivers, they were pulled over for some other infraction and given a driving while license suspended ticket. There are many reasons why your driving privileges can be suspended. Numerous state laws and other driving violations can lead to a suspension. Below are some of the top reasons drivers get their licenses suspended.

Drunk Driving. Driving under the influence of alcohol or drugs is still a big problem. Depending on how many times a driver has committed this offense, intoxication levels and whether he was involved in an accident all determine how long his license will get suspended. For a first-offense DWI in Texas, you will face a driver’s license suspension of 90 days to one year. If you have previous convictions for DWI, your suspension could range between six months and two years.

You are driving Without Insurance. All motor vehicles on the road must be properly insured. The Texas Department of Public Safety may suspend your license or registration for the following reasons: You’ve received two or more convictions for driving without insurance. The DPS has received notice that you’ve canceled your insurance. This also applies in cases where you allow a friend to drive your uninsured vehicle.

You are leaving the scene of an accident. In Texas, drivers are required to stop if they have been involved in a car accident. Suppose you fled the scene without giving aid or exchanging proper documentation. In that case, you can be charged with leaving the scene of an accident and have your license suspended for leaving the scene of an accident with injuries or death, or DWI.

Unpaid fines and fees. Approximately 7 in 10 license holds and suspensions in Texas are due to unpaid fines and fees. Regardless of why a person does not pay their surcharges, the Department suspends their driver’s license.

You are driving with a Suspended License or no license. The Texas Transportation Code also allows for an additional license suspension of the same length as the first. For example, suppose your license was suspended for six months, and you are convicted of driving during that suspension. In that case, your license will be suspended for another six months after the original period ends.

What Should I Do If My Driving Privileges Have Been Suspended?
Remember that you cannot drive your vehicle while your license is suspended. Having your driver’s license suspended is a serious matter and you must have the matter taken care of before things go from bad to worse. You may be facing possible jail time or having your suspension period increased if caught driving while suspended. If you believe you were suspended for one of the reasons provided above, talk to one of our traffic defense attorneys today to discuss your options.