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
Denmark: Nigerian pirate found guilty but not imprisonedABC NEWS WORLD HEADLINES11/28/2022
Court revives wrongful death claim in Ohio Walmart shootingABC NEWS US HEADLINES11/25/2022
Wife of Texas man killed by police in Arizona settles suitABC NEWS US HEADLINES11/23/2022
Atlanta to pay $1 million to the family of Rayshard Brooks, killed by police in 2020NPR NEWS11/22/2022
What we know so far about the Colorado Springs shootingNPR NEWS11/21/2022
District attorney: 1 dead, 16 injured after SUV crashes into Apple store in MassachusettsABC NEWS US HEADLINES11/21/2022
Gabby Petito's family awarded $3M in lawsuit against Brian Laundrie's estateABC NEWS: TOP STORIES11/17/2022
Judge sentences man to life in prison for Waukesha Christmas parade attackNPR NEWS11/16/2022
Gabby Petitos family files wrongful death suit against MoabABC NEWS: TOP STORIES11/08/2022
State Appellate Court Says Insurer's Interpretation of Product Liability Act Would 'Produce an Absurd Result'LAW NEWSWIRE11/04/2022
Gabby Petito's parents file $50M wrongful death suit against policeABC NEWS: TOP STORIES11/03/2022
Georgia State Law 3L Who Was 'Ready to Set the World on Fire' Dies in Car AccidentLAW NEWSWIRE10/12/2022
Critical Mass With Law.com's Amanda Bronstad: 'Like a Genetic Disorder': How Plaintiffs Won a Class Action Verdict Against GM. Merck Faces First Wrongful Death Lawsuit Over HPV Vaccine.LAW NEWSWIRE10/12/2022
Explosion at illegal oil refinery in Nigeria kills over 50NPR WORLD04/24/2022
Online marketplace Letgo sued after Denver-area slayingsABC NEWS: TECHNOLOGY04/14/2022
  

John Q. Lawyer

Attorney at Law

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

Accident-Dog Bite 00000000