Texas Dog Bite Laws: Everything You Need to Know

Dog bites can have life-altering consequences, both physically and emotionally. If you or someone you love has been bitten by a dog in Texas, understanding your rights under state law is essential. Texas dog bite laws are nuanced and differ from the strict liability rules found in other states. This guide explains everything you need to know about dog bite liability, the “one-bite rule,” reporting requirements, and what happens to dogs after an incident.

If you were recently injured in a dog bite attack in Texas, contact Williams Caputo immediately for legal consultation.

What Is the One-Bite Rule in Texas?

Texas follows a legal principle known as the “one-bite rule.” Under this rule, dog owners may only be held strictly liable for injuries their dog causes if they knew or should have known about the dog’s aggressive tendencies. This knowledge can stem from prior incidents where the dog bit someone, attempted to bite, or displayed threatening behavior.

For example, if a dog has no history of biting or aggression and attacks someone for the first time, the owner might not be automatically held responsible under this rule. However, if the dog has a documented history of aggression, the owner could face strict liability for the resulting injuries.

In addition to the one-bite rule, victims may pursue claims based on negligence. This allows for liability even if the dog has no prior history of aggression, provided the owner acted negligently, such as failing to secure the dog or violating local leash laws.

Understanding Liability in Texas Dog Bite Cases

Liability in Texas dog bite cases can arise from strict liability or negligence. Strict liability applies when the owner knows their dog has a history of aggression. In contrast, negligence focuses on whether the owner failed to exercise reasonable care to prevent the attack.

Examples of Negligence

• Failing to leash the dog in public areas.
• Leaving a gate or enclosure unsecured, allowing the dog to escape.
• Ignoring warnings about the dog’s aggressive tendencies.

Victims pursuing a negligence claim must prove the owner’s lack of care directly caused their injuries. Texas also applies comparative negligence rules, meaning a victim’s compensation can be reduced if they are partially at fault for the incident.

What Happens If Your Dog Bites Someone in Texas?

When a dog bites someone in Texas, the owner has specific legal responsibilities. First, the incident must be reported to the local animal control authority within 24 hours. This reporting helps track aggressive dogs and reduces the risk of future attacks.

Medical professionals are also required to report dog bite injuries if the victim seeks treatment. Animal control authorities may investigate the incident to determine whether the dog poses a danger to public safety.

Legal and Financial Consequences for Dog Owners

• Owners may face civil lawsuits from victims seeking compensation for medical bills, lost wages, and emotional distress.
• Criminal penalties can apply under Texas’s “Lillian’s Law,” which holds owners liable if their criminal negligence leads to a serious or fatal attack.

Quarantine and Euthanasia: What Happens to the Dog?

After a dog bite incident, Texas law requires the dog to be quarantined for 10 to 14 days. This quarantine helps monitor the dog’s health for signs of rabies or other diseases. Depending on the circumstances, quarantine may occur at the owner’s home, a veterinary clinic, or an animal shelter.

If the dog is deemed dangerous or has a history of unprovoked attacks, local authorities may recommend euthanasia. This decision is often made when the dog poses a continued threat to public safety or has rabies.

Steps for Dog Bite Victims to Seek Compensation

If you’ve been bitten by a dog, taking the following steps can help protect your rights and build a strong case:

1. Seek Medical Attention: Treat your injuries promptly and keep records of your medical expenses.
2. Report the Incident: Notify animal control authorities to document the attack.
3. Gather Evidence: Take photos of your injuries and the scene of the attack. Collect contact information from witnesses. It also helps to understand the various Dog Bite Levels, indicating the severity of your injuries.
4. Consult an Attorney: A personal injury attorney can help you navigate the complexities of Texas dog bite laws and pursue compensation.

Victims may be eligible for damages covering medical bills, lost wages, pain and suffering, and other related expenses.

Defenses Dog Owners May Use in Dog Bite Cases

Dog owners in Texas can raise various defenses to minimize or avoid liability:

• Provocation: If the victim provoked the dog by teasing, tormenting, or attacking it, the owner may argue that the victim shares responsibility for the incident.
• Trespassing: Owners may not be held liable if the victim was trespassing on private property when the bite occurred.
• Lack of Knowledge: In one-bite rule cases, owners might defend themselves by proving they were unaware of their dog’s aggressive tendencies.

Preventing Dog Bite Incidents

Preventing dog bites is a shared responsibility between owners and the community. Dog owners should:

• Train and socialize their pets to reduce aggressive behavior.
• Always comply with leash laws and secure their property.
• Monitor their dog’s interactions with strangers and other animals.

By fostering responsible pet ownership, communities can minimize the risks of dog attacks and create safer environments for everyone.

Contact Williams Caputo, PLLC Today For Free Legal Consultation

Texas dog bite laws aim to balance the rights of victims with the responsibilities of dog owners. While the one-bite rule may limit liability in some cases, victims still have options to pursue compensation through negligence claims. If you’ve been bitten by a dog in Texas, contact Williams Caputo to see if you qualify for free legal consultation.

For more information or assistance with your case, consult an experienced personal injury attorney with Williams Caputo dog bite lawyers who can protect your rights and secure the compensation you deserve.