Bitten or attacked by a dog?

Texas is not an automatic-liability state

Some states make a dog’s owner responsible for nearly every bite. Texas does not. Texas law gives you two main paths, and which one fits depends on what the owner knew and what the owner did. Most cases use one or both. Insurers often say the dog had never bitten anyone, as if that settles it. It doesn’t.

Path one: the owner knew the dog was dangerous

Since Marshall v. Ranne (1974), the Texas Supreme Court has held that the owner of a vicious animal can be strictly liable for the harm it causes. Courts apply this when the animal is vicious or has aggressive tendencies and the owner knows it. Then you don’t have to prove the owner was careless that day. You have to prove what the owner knew: earlier bites or attacks, complaints from neighbors, warnings from animal control, “beware of dog” signs, or a dangerous-dog designation.

Path two: the owner or keeper was careless

Even if the dog had never hurt anyone, the owner or the person keeping the dog can be liable for negligent handling. Texas courts describe the claim this way: the person owned or possessed the dog, owed a duty to use reasonable care to keep it from injuring others, failed to use that care, and that failure caused the injury. You don’t have to prove the dog had a known history.

Carelessness can look like a dog left to run loose, a broken fence or gate, opening the door with the dogs right there, or not controlling a dog on a walk. In Bushnell v. Mott (2008), a woman delivering products to a mobile home was bitten repeatedly when three dogs ran out the door. The Texas Supreme Court held that even the owner of a dog not known to be vicious has a duty to try to stop an attack once it starts.

Who besides the owner can be responsible

Responsibility follows possession and control, not only the name on the dog’s papers. A business that keeps a guard dog, or a person who was keeping or walking the dog, can be responsible. Landlords are harder: in Batra v. Clark (2003), a Houston appeals court held that a landlord who isn’t living on the property owes a duty only if he actually knew the dog was dangerous and had the ability to control the property. A landlord who merely should have known isn’t enough.

Dangerous dogs and Lillian’s Law

Under Texas Health and Safety Code chapter 822, a dog that makes an unprovoked attack causing bodily injury outside a secure enclosure can be declared a dangerous dog. Within 30 days of learning that, the owner must register the dog, keep it leashed or in a secure enclosure, and carry at least $100,000 in liability insurance or financial responsibility. In Houston, BARC also handles “aggressive dog” and “public nuisance” designations under the City’s animal code, including for dogs documented running at large three or more times in a year.

Separately, Lillian’s Law (§ 822.005) makes it a felony when an owner, with criminal negligence, fails to secure a dog and it makes an unprovoked attack away from the owner’s property causing serious bodily injury or death. A criminal case is handled by prosecutors. Your claim for compensation is a separate civil case, and it doesn’t depend on charges being filed.

Report the bite: the 10-day quarantine

Texas law requires anyone who knows of a bite that could transmit rabies to report it to the local rabies control authority (§ 826.041). In Houston, call 311 to reach BARC. In El Paso, call 311 to reach El Paso Animal Services. The dog is then observed for 10 days from the bite, whether or not it is vaccinated, at an approved facility, a veterinary clinic, or at home if the authority allows it (25 Tex. Admin. Code § 169.27). The bite report also creates an official record of the dog, its owner and the attack, which matters for your claim. Your doctor decides whether you need rabies shots.

Children are hurt most often

CDC researchers found that dog-bite injury rates were highest among children aged 5 to 9, and that about 42% of bites treated in emergency rooms happened to children under 14. Children are often bitten on the face and head. A child’s case needs to account for scarring, future surgery and the emotional harm that can follow for years.

Who pays, and deadlines

We look for every insurance policy that may cover the dog’s owner or keeper, such as a homeowner’s or renter’s policy, a business policy, or the coverage the law requires of dangerous-dog owners. Most claims must be filed within two years (Civ. Prac. & Rem. Code § 16.003). If the insurer says you provoked the dog, Texas proportionate responsibility (chapter 33) still lets you recover if you were 50% or less at fault, reduced by your share.

We handle the owner and the insurer

Dog bites often involve neighbors, friends or family, which makes them uncomfortable. Once you hire us, we handle the communications with the owner, the landlord and the insurers, so you don’t have to. Your right to compensation doesn’t depend on your immigration status, and we don’t ask about it to help you. Jimmy Suerken is a Mexican-American attorney, licensed in Texas since 2011, who grew up in El Paso and speaks Spanish, and you talk with him directly.

Sources: Bushnell v. Mott, 254 S.W.3d 451 (Tex. 2008) · LABAJ LP v. VanHouten (Tex. App. 2010) · Batra v. Clark, 110 S.W.3d 126 (Tex. App. Houston [1st Dist.] 2003) · Tex. Health & Safety Code ch. 822 (dogs) · Tex. Health & Safety Code § 826.041 (reporting bites) · 25 Tex. Admin. Code § 169.27 (quarantine) · Houston BARC: Report an animal bite · Houston BARC: Dangerous and aggressive dogs · El Paso Animal Services: Animal protection · CDC, Nonfatal dog bite-related injuries (MMWR 2003) · Tex. Civ. Prac. & Rem. Code § 16.003 · Tex. Civ. Prac. & Rem. Code ch. 33

Built for dog bite cases

• We prove what the owner knew. Bite reports, prior complaints, neighbors and animal control records.
• We find every source of payment. Owners, keepers, businesses and their insurance policies.
• We handle the owner and the insurers. Even when the owner is a neighbor or relative, you don’t have to deal with them.
• We document the injuries. Photos over time, scarring, surgery and the fear that follows, especially for children.
• Your whole case in Spanish. Jimmy speaks Spanish, and you can talk with him directly.
• We work the way you need. By phone, text, email and video call, and in person when needed.
• No fee unless we win. The consultation is free, and there is nothing to pay up front.

Houston, El Paso and all of Texas

We help people across the Houston area, from Montrose and the Museum District to Gulfton, Sharpstown, Alief, Aldine, Pasadena and Baytown, and in El Paso, where Jimmy grew up. We handle cases anywhere in Texas.