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
Ohio Supreme Court Finds Grandmother Should Be Allowed to Go Forward With Wrongful Death Lawsuit Against Caseworkers, but Reasons DifferLAW NEWSWIRE11/30/2021
Parade suspect's attorney quits, cites ties to victimsABC NEWS US HEADLINES11/30/2021
At least 1 injured in shooting at mall in Tacoma, WashingtonABC NEWS: TOP STORIES11/27/2021
Hundreds protest Rittenhouse acquittal across USABC NEWS US HEADLINES11/20/2021
How a Portrait on the Courtroom Wall Helped Boost a $26M Wrongful Death VerdictLAW NEWSWIRE11/11/2021
People exposed to lead in Flint, Mich., water will get a $626 million settlementNPR NEWS11/10/2021
Judge OKs a $626 million settlement for people exposed to lead in Flint, Mich., waterNPR NEWS11/10/2021
Utah Supreme Court Kicks Lead Poisoning Case Back to District Court to Answer If Intentional-Injury Exception Can Apply to Occupational Disease ClaimsLAW NEWSWIRE11/09/2021
More details are coming out about the deadly Astroworld FestivalNPR NEWS11/09/2021
Family of 6-year-old who died on amusement park ride files wrongful death lawsuitABC NEWS: TOP STORIES10/20/2021
Amtrak crash survivor details 'miracle' escape, files lawsuitABC NEWS: TOP STORIES10/07/2021
EXPLAINER: What's at stake in the 2015 Paris attacks trial?ABC NEWS WORLD HEADLINES09/07/2021
Little hope for 5 missing workers at German blast siteABC NEWS WORLD HEADLINES07/28/2021
Rescuers search for 5 missing workers at German blast siteABC NEWS WORLD HEADLINES07/28/2021
The Indirect Purchaser Rule and Private Enforcement of Antitrust Law: A ReassessmentANTITRUST & COMPETITION POLICY BLOG03/30/2021
  

John Q. Lawyer

Attorney at Law

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

Accident-Dog Bite 00000000