Dog Bites under Texas Law

In the state of Texas dog bite law follows the "one bite rule." This means that owners are not responsible first time a dog bites someone.

However, if the dog has bitten anyone before or the owner knows the dog has the potential to bite someone the victim can sue for damages. A victim may also be able to sue for damages if they can show that the owner violated animal control law or if the accident is caused by the owners negligence.

Sometimes, even though a dog owner cannot be sued for damages the dog owner can still be held criminally responsible, charged with a third-degree felony if the dog causes serious bodily injury to the victim in an unprovoked attack. The punishment for this third-degree felony can be from 2 to 10 years in prison, and include up to a $10,000 fine.

If a person dies because of an unprovoked dog attack the dog owner can be charged with a second-degree felony that carries a penalty of up to 20 years in prison.

Under Texas liability law a dog owner may be forced to pay for your medical expenses, lost wages and possibly compensate you for permanent disfigurement or disability.

Failure to stop an attack in progress is also actionable. The Texas Supreme Court has ruled that an owner may be held liable even if the requirements of the one bite rule or negligence cannot be established.

Landlords and landowners can be held liable for failing to remove dangerous dogs from a premises. The landlord or landowner has a duty to exercise reasonable care to keep common areas safe for the use tenants and guests.

Under a statute known as Lillian's law the owner of a loose dog that causes a person's injury or death may face criminal penalties including jail if he or she is found criminally negligent in failing to prevent the dog's escape. If the person injured does not need hospitalization the owner may be charged with a misdemeanor. If the injury is severe the owner may be charged with a third-degree felony potentially serving 2 to 10 years in prison and a fine of up to $10,000. If the attack is fatal the owner may be charged with a second-degree felony and serve up to 20 years in prison.

Lillian's law defines a dangerous dog as a dog that has previously injured someone in an unprovoked attack outside of a structure meant for its confinement, or has committed unprovoked acts outside its enclosure that would cause a person to reason believe the dog is capable of attacking and causing injury.

If a dog causes serious injury or death of a person a municipal or county court can order seizure of the dog by warrant. Once a dog has been seized the must be housing humane conditions until a court decides it's disposition.

Dog Bite (Accident) in Texas Law

Health & Safety Code

Dog+bite*

pertaining to dog bites, hearing to determine whether dog causes the death or serious bodily injury to a person

Health & Safety Code

Maul*

pertaining to seizure of dog causing death or bodily injury to a person, hearing to determine if a dog caused death or bodily injury

Accident In The News
Cincinnati to settle suit in death of student who called 911ABC NEWS US HEADLINES04/09/2021
Family of Wisconsin veteran settles wrongful death lawsuitABC NEWS US HEADLINES04/07/2021
Iowa to pay $225,000 to settle lawsuit over trooper's forceABC NEWS: TOP STORIES04/05/2021
Slain U.S. Capitol Police Officer Was An 18-Year Department Veteran, Father Of 2NPR NEWS04/03/2021
The Indirect Purchaser Rule and Private Enforcement of Antitrust Law: A ReassessmentANTITRUST & COMPETITION POLICY BLOG03/30/2021
3 men charged in Virginia Beach shootings appear in courtABC NEWS: TOP STORIES03/29/2021
Litigation Leaders: Cozen O'Connor's Jim Heller on Building Trial-Ready Product Liability, White Collar and Class Action TeamsLAW NEWSWIRE03/29/2021
Tenth Circuit Explains and Applies the Scope of Federal Preemption of Product Liability Suits Based on Medical Device FailuresLAW NEWSWIRE03/22/2021
Clashes in English city of Bristol leave 20 police injuredABC NEWS WORLD HEADLINES03/22/2021
Clashes in English city of Bristol leaves 20 police injuredABC NEWS WORLD HEADLINES03/22/2021
Daniel Prude's Family Files Wrongful Death Lawsuit Against Rochester Police OfficersNPR NEWS03/09/2021
Product Liability On the Rise and Penn State Sees Suits: Here's What's Happening in Pa. LitigationLAW NEWSWIRE03/05/2021
Lawyer for family of girl injured in pre-Super Bowl crash speaks outABC NEWS: TOP STORIES03/02/2021
North Macedonia: Clashes at protest over terror convictionsABC NEWS WORLD HEADLINES02/26/2021
U.S. Court Sides With Harry Dunn's Family, Keeps Wrongful Death Lawsuit In VirginiaNPR WORLD02/16/2021
  

John Q. Lawyer

Attorney at Law

This ad space is available. If you are an attorney in the Elgin area that handles matters involving dog bite, click here for more information.

Accident-Dog Bite 00000000