Dog attack in Monte Alto leaves elderly woman dead

MONTE ALTO — An elderly Monte Alto woman died after being attacked by two of her own dogs.

According to the Hidalgo County Sheriff’s Office, the attack happened June 21 about 6:00 p.m. in the woman’s back yard in the 22000 block of Jesus Flores Road.

The sheriff’s office news release says deputies arrived at the residence and found an 85-year-old woman lying on the ground, bleeding from her neck, and the left side of her head. The woman, whose name was not released, was transported to a hospital where she died as a result of her wounds.

HCSO Investigators interviewed the victim’s brother, and according to the news release, the man told them that his sister had gone outside to feed the dogs, and then he heard her screaming. The man told deputies that he went outside, and saw the dogs attacking his sister. He said when he attempted to get the dogs away from her the dogs tried to attack him. He shot and killed one of the dogs with a shotgun and the other dog ran away, according to the news release.

Animal Control officials subsequently caught the second dog involved in the incident.

The investigation was still ongoing as of this report.

The above incident appears to have involved the woman’s own dogs. In cases where a person is attacked by someone else’s dog, the victim has a right to file a personal injury claim against the dog’s owner. If a person is killed by someone else’s dog, an immediate family member can sue the owner for wrongful death.

In a Texas dog bite claim, the injured person must typically prove two things. One, that the owner knew that their dog has acted aggressively or has bitten someone in the past, or that the dog’s owner failed to use reasonable care to control the dog or prevent the bite.

The negligence rule also applies to other types of injuries caused by dogs. For example, if a large dog jumps on a person and causes an injury, the injured person may bring a claim for damages against the dog’s owner. Again, the injured person will have to show either that the dog’s owner knew the dog was aggressive or that the owner failed to use reasonable care to prevent the dog from harming others.

Although Texas’s “negligence” rule applies to most dog bites, Texas courts will apply a “strict liability” rule in cases in which the dog is known to be “vicious, dangerous, or mischievous.” Strict liability in this context means that if the injury was caused by a “dangerous dog,” the injured person does not have to demonstrate that the owner also failed to use reasonable care to restrain or control the dog. The injured person will be able to recover damages simply by demonstrating that the dog was known to be dangerous.

In dog bite cases that cause severe injury, the dog’s owner may face criminal charges as well as civil liability. The Texas Health and Safety Code states that a dog’s owner can be charged with a felony if:

• the owner “with criminal negligence” fails to secure the dog, and the dog attacks someone, unprovoked, at a location away from the owner’s real or personal property, or

• the owner knows the dog is a “dangerous dog” and the dog attacks someone, unprovoked, outside its own secure enclosure, and

• either of these situations causes serious bodily injury or death.

Contact J. Gonzalez

If you’re bitten by someone’s dog (or other pet) it’s important that you get medical attention, contact the police, and call a personal injury attorney who can explain your options regarding a lawsuit. The J. Gonzalez Law Firm offers a free initial consultation, and you don’t have to pay anything unless J. Gonzalez obtains the highest-possible compensation that you’re entitled to. Call today at 1-800-CAR-CRASH.

Source: https://www.valleycentral.com/news/local-news/dog-attack-in-monte-alto-leaves-woman-dead/