Texas Dog Bite Laws

Since 2021, over 20 dog bite incidents in Texas have impacted communities, claiming victims both young and old. From a four-year-old child to an 81-year-old veteran killed by loose dogs, these events have spurred policy changes to enhance resident safety.

San Antonio led the charge by implementing stricter measures. Animal Care Services now issues criminal citations, not just civil penalties, for unrestrained dogs who bite someone off their property. 

This reflects a statewide trend, but Texas is not new to adjusting legislation after dog bite tragedies. For instance, "Lillian's Law" was enacted to impose criminal liability on owners whose pets inflict severe injuries.

Beyond criminal and civil repercussions, Texas enforces laws on proper dog handling through leash, waste disposal, and rabies vaccination mandates. With that in mind, this article delves into these regulations, explores liability standards for dog bite incidents, and guides victims through the lawsuit filing process.

Dog Owner Responsibilities in Texas

Owning a dog in Texas transcends simply having a pet to take care of or play with. It entails full custody and control, providing a safe and nurturing environment, maintaining current vaccinations, and following the laws outlined below.

Dog Vaccine Laws in Texas

In Texas, every dog must be vaccinated against rabies by 12 weeks of age, without delay upon reaching 16 weeks. Licensed veterinarians should administer the vaccine and maintain records for at least five years. Note that a dog is considered currently vaccinated only 30 days after the initial dose.

In addition, dogs entering Texas have to be vaccinated according to the minimum and maximum age requirements for the vaccine. A valid rabies vaccination certificate must accompany the dog upon entry.

Overall, throughout their life, dogs in Texas should be re-vaccinated either annually or every three years.

Leash Laws in Texas

Across Texas, various cities have enacted their own leash laws to ensure the safety of both residents and their pets. Cities like Houston require dog owners to leash or muzzle their dogs whenever they are outside private property, preventing them from "running at large." These regulations serve a vital purpose: protecting people and property from harm.

As such, failing to comply with leash laws can have significant consequences. If an unleashed dog bites someone or damages property, the owner faces not only fines and citations from the municipality but also civil liability for the victim's losses. This means the owner is financially responsible for medical bills, lost wages, and other damages incurred by the victim.

Furthermore, Texas's leash laws are crucial in dog bite liability claims. If a victim proves the owner violated leash laws by having their dog off-leash, it strengthens their case for compensation and makes it more likely for the owner to be held accountable.

Scoop Laws in Texas

Many Texan cities, including Austin, mandate responsible pet ownership through strict poop-and-scoop regulations. Basically, dog owners must promptly pick up their pet’s waste everywhere, including public spaces, private property, and even their own yards.

Note that careful disposal is key. Bagging the waste before tossing it in a designated trash can is essential for sanitation workers' safety and environmental hygiene. Thus, neglecting this duty can result in hefty fines, up to $500 in some cases.

The responsibility does not end at the curb. Even within their own enclosures, owners must ensure their dog's waste does not create odors that bother neighbors or nearby businesses. This promotes a cleaner, more pleasant environment for everyone.

Liability Standards in Texas Dog Bite Cases

Dog bites can occur in various situations, sometimes arising from the dog's own injuries or frustration, leading them to redirect aggression toward others. Moreover, territorial instincts can trigger biting incidents when someone enters an area the dog perceives as its domain.

In the event of a dog bite, both the victim and the owner have legal rights and responsibilities.

Texas One-Bite Rule and Negligence Law

In Texas, dog bite victims face a unique challenge due to the "one-bite rule." Essentially, proving the owner's liability requires demonstrating the dog previously bit someone and the owner knew of its aggressive tendencies.

However, even without meeting these criteria, victims still have options. One route is a negligence claim, particularly if the dog owner violated leash laws. To succeed in this case, the plaintiff must establish:

• Ownership or possession: The dog belonged to or was under the defendant's control.

• Duty of care: The defendant had a responsibility to prevent the dog from attacking others.

• Breach of duty: The defendant’s actions (or inaction) violated this duty, leading to the plaintiff’s injuries.

Beyond leash violations, negligence can arise from failing to stop an attack in progress. However, it is important to note certain limitations:

• Trespassing: Victims trespassing on private property are generally not eligible for compensation.

• Provocation: If the victim's actions provoked the attack, the owner may be exempt from liability.

• Confinement: Victims bitten by a contained or chained dog may not have a claim.

Landlord Liability and Bystander Emotional Distress

In Texas, landlords can be held responsible for injuries caused by a dangerous dog residing on their property if they fail to warn residents or visitors about the dog's aggressive tendencies. This liability stems from their control over the property and their duty to maintain a safe environment for all occupants.

Furthermore, witnesses to dog bite incidents, particularly close relatives of the victim, can sue for emotional distress in Texas. This law allows them to seek compensation for the psychological trauma they experienced as a result of seeing the attack.

However, this legal right is limited to emotional distress specifically related to witnessing the bite and does not extend to broader claims of mental anguish caused by negligence.

Comparative Negligence in Texas

Texas residents can defend themselves and their dogs in case they are sued by victims. A common defense method involves proving that the dog was protecting them or that the victim provoked the animal.

Owners can also use Texas’s modified comparative negligence rule to change the course of the lawsuit. According to this rule, the victim’s compensation amount can be reduced based on their degree of fault in the incident.

Remember that the victim can only be less than 50% at fault. Any degree of fault higher than that will result in the victim being barred from recovering compensation from the defendant.

Another note for this rule is that it does not apply to children under six years unless it can be proven that the child was aware of the consequences of their actions.

Statute of Limitations in Texas for Dog Bite Cases

It is crucial to act promptly in dog bite incidents, as Texas law imposes a two-year statute of limitations on claims. Missing this deadline may bar any future legal action to recover damages.

Dog bite victims in Texas can seek compensation through a personal injury lawsuit against the responsible party. Two avenues exist for financial recovery:

• Dog owner's insurance: Victims can pursue compensation from the dog owner's renter's, homeowner's, or dangerous dog liability insurance policy, depending on the specific coverage.

• Landlord's insurance: If the incident occurred on a rental property, legal action against the landlord's property insurance may be possible.

Civil Penalties for Dog Bites in Texas

Dog bite victims in Texas can suffer from lacerations, severe scarring, bruises, or broken bones due to the attack. Thus, victims may recover economic or non-economic damages, whichever applies to their situation.

Economic damages apply when the victim suffers quantifiable losses, such as medication, surgery, and hospitalization expenses. Lost future earnings also count in this category.

As for non-economic damages, they include intangible consequences like pain and suffering, emotional distress, and fear of dogs.

Criminal Penalties for Dog Bites in Texas

As mentioned in the introduction, Lillian's Law is a Texas statute that imposes criminal liability on dog owners in certain circumstances. It was named after Lillian Stiles, who died in 2005 after being attacked by multiple dogs while gardening in her own yard.

Here are the ordinance’s key provisions:

• Unprovoked attacks: Dog owners can be charged with a crime if their unsecured dog attacks someone unprovoked on private property, resulting in injury or death.

• Prior warnings: If a dog owner has received prior warnings from authorities regarding their dog's aggressive tendencies, the owner's responsibility under this law increases.

• Potential penalties: Violations can range from fines and imprisonment of two to 10 years (third-degree felony) and up to 20 years in prison (second-degree felony) if the attack results in death.

Reporting and Handling Dog Bite Incidents

After seeking medical treatment, a dog bite victim can take certain steps to recover economic and non-economic damages. 

First, they must identify the dog owner and obtain their information, such as their name, phone number, and address. If witnesses were at the scene, it is also best to collect their information. Having these details will be helpful in a lawsuit.

To further strengthen their case, the victim must gather proof of the incident, such as photographs and videos. Medical records of their injuries will also be considered valid evidence for the claim.

Finally, they can report the bite to the local animal control authority and consult a lawyer to help them with their lawsuit.

Role of Dog Bite Attorneys in Texas

Ultimately, working with a dog bite attorney in Texas can be beneficial. This is because lawyers can help plaintiffs file their cases, negotiate settlements, and represent them in court if necessary.

Lawyers can also inform plaintiffs of every aspect of their lawsuits and even deal with insurance companies looking to put dog bite victims at a disadvantage.

Other Resources for Dog Bite Victims in Texas

SPCA of Texas

The SPCA of Texas was established in 1938. A trusted animal welfare agency, it is dedicated to providing exceptional care to stray animals by providing pet vaccinations, wellness exams, and spay/neuter surgeries. These services help stop dogs from wandering the streets, mitigating accidents like dog bites and attacks.

The Colony

The Colony provides information on the latest animal ordinances in Texas. The website also helps individuals connect with Texas Animal Services and the local police department in case they want to report a dog bite incident.

Texas Health and Human Services

The Texas Health and Human Services Department offers basic tips on preventing dog bites, as well as safety pointers for new dog owners. It also features dog bite statistics in the U.S. and discloses the possible recoverable damages for victims of these incidents.