Negligence in a Personal Injury Case

Jason McMinn's Personal Injury Legal Blogs

Licensed for 13 years

Attorney in Austin, TX

Jason McMinn

Serving Austin, TX

Partner at firm McMinn Law Firm

Serving Austin, TX

Austin personal injury attorney Jason McMinn recently won a gross negligence jury verdict in a Georgetown, Texas dog bite case. This information was originally published about the difference between neglignece and gross negligence on McMinnLaw.com.

A Georgetown man was attacked by a dog in his own backyard. After investigation, it was revealed that this wasn’t the dog’s first attack. Dog owners Allen Smith and Patricia Briggs had been aware of the dog’s dangerous behavior since the year before when King had bit a 12-year-old in the neighborhood by jumping over the fence. 

At that time, animal control officers conseled the defendants on options to prevent King from jumping up to the top of the fence as well as the need for training for King.

Jury members found the couple negligent and awarded a verdict that included $100,000 in medical expenses as well as $10,000 in punitive damages. 

On the verdict, dog bite accident lawyer Jason McMinn said:

“I think the verdict speaks volumes for what the Williomson County Citizens feel about feeling safe in their backyard. 

It also sends a clear message that pet owners need to take responsibility when they know they have a dangerous animal and it has previously bitten someone.”

This case involved proving negligence which includes four primary parts: 

  1. Duty of Care
  2. Breach of Duty
  3. Factual Causation
  4. Damages

The main difference between negligence and gross negligence is in the impact or severity of the damages. Ask: “how severe was the carelessness?” Punitive damages can act as an additional punishment and send messages in order to prevent others from acting in the same harmful manner.

Read more about Negligence on McMinnLaw.com here. 

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