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SOUTHEAST TEXAS RECORD

Sunday, October 6, 2024

Plaintiff sues Property Owner and Dog Owner over Dog Attack Injuries

State Court
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A Harris County resident has taken legal action after a dog attack left her with significant injuries. Natasha Bernard filed a complaint on June 26, 2024, in the District Court of Harris County against Rafael Angel Gonzalez Avila and GS Eldridge LLC.

The lawsuit stems from an incident that occurred on February 17, 2024. According to the complaint, Bernard was attacked and bitten by a dog owned by Gonzalez Avila while she was walking to her car from her apartment building located at 1415 Eldridge Parkway in Houston, Texas. The property is owned by GS Eldridge LLC. Bernard alleges that both defendants were aware of the dog's aggressive nature prior to the attack but failed to take appropriate measures to control it.

Bernard's petition outlines several accusations against the defendants. She claims that Gonzalez Avila breached his duty to properly restrain and protect people from his dog. "Defendant failed to properly train the dog, restrain the dog, or warn or protect people from the dog," states the petition. Additionally, Bernard argues that Gonzalez Avila violated Texas Health & Safety Code § 822 and local ordinances requiring dangerous dogs to be restrained at all times.

The plaintiff also accuses Gonzalez Avila of negligence per se for failing to comply with these regulations. The complaint cites Section 6-3 of the City of Houston's Code of Ordinances, which mandates that animal owners ensure their pets do not run at large. "Running at large" is defined as allowing an animal to go on public or private property without direct physical control.

Bernard further asserts a claim of strict liability against Gonzalez Avila, alleging he knew about his dog's aggressive tendencies yet did nothing to prevent the attack. As a result of this negligence, Bernard suffered injuries including pain and suffering, medical expenses, disfigurement, impairment, mental anguish, economic damages, and non-economic damages.

In her petition, Bernard seeks various forms of relief from the court. She requests compensatory damages within the jurisdictional limits of less than $250,000 for her injuries and losses. Additionally, she seeks exemplary damages due to what she describes as gross negligence on part of Gonzalez Avila.

Representing Natasha Bernard are attorneys Patrick O'Hara and Romin Tamanna from O'Hara Law Firm P.C., based in Houston. The case has been assigned Case ID 2024-40588 and will be heard in Harris County's 152nd Judicial District Court under Judge Christopher Matthews.

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