Texas Dog Bite Lawyer

A dog bite can leave more than a wound. It can leave scars, fear and medical bills.

Many dog bite cases are against a neighbor, a friend or a family member. That can feel hard. In most cases, though, the claim is paid by the owner's homeowners or renters insurance, not out of the owner's pocket. Alers Law helps children and adults hurt by dogs across all of Texas, from our offices in Dallas–Fort Worth.

Book your injury consultation or call (469) 207-1515. Se habla español.

Who We Help

• Children bitten at a home, park or school.
• Adults attacked while walking, running or visiting a friend.
• Delivery and service workers bitten on the job.
• People knocked down by a dog, even without a bite.
• Families whose loved one was badly hurt or killed in a dog attack.

How Texas Dog Bite Law Works

Some states have a dog bite law that makes owners automatically responsible. Texas does not. Instead, Texas courts use two main paths to hold an owner responsible.

Path 1: The dog was known to be dangerous

In Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), the Texas Supreme Court held that an owner is strictly liable for harm caused by a domestic animal with dangerous tendencies, when the owner knew or had reason to know about them. That case involved a hog, and Texas courts apply the same rule to dogs. This is sometimes called the "one bite" rule. But a dog does not have to bite first. Past growling, lunging or attacks on people or other animals may be enough to show the owner was on notice.

When this rule applies, you do not have to prove the owner was careless. You have to show the dog's dangerous history, the owner's knowledge and that this caused your injury.

Path 2: The owner was careless

Even if the dog never hurt anyone before, an owner can be responsible for negligence. That means the owner did not use reasonable care to control the dog and prevent a harm that could have been foreseen. Examples can include:

• Letting a dog run loose against a city leash law.
• Leaving a gate open or a fence broken.
• Leaving a dog alone with a small child.
• Ignoring a court or city order about the dog.
• Failing to try to stop the dog once an attack has begun.

In Bushnell v. Mott, 254 S.W.3d 451 (Tex. 2008), the Texas Supreme Court held that the owner of a dog not known to be dangerous can still be responsible in negligence if the owner fails to use ordinary care to stop an attack that has already started.

Many Texas cities have their own leash and animal control ordinances. Breaking one can be strong evidence of negligence. Rules vary by city, so we review the local code that applies.

Dangerous dog designations

Texas law also lets local animal control declare a dog "dangerous." In general, that applies to a dog that made an unprovoked attack causing bodily injury outside a secure enclosure, or that acted in a way that made a person reasonably believe it would attack (Tex. Health & Safety Code § 822.041). A prior designation can be important evidence.

Landlords and other parties

In some cases, someone other than the owner may share responsibility. A landlord who controls a common area and knows about a dangerous dog may be one example. These cases depend heavily on the facts.

Who Usually Pays

Many homeowners and renters insurance policies include liability coverage that may pay for dog bite injuries. Some policies limit or exclude certain breeds or dogs with a bite history. We find out what coverage exists and deal with the insurance company for you.

Report the Bite and the Rabies Quarantine

Texas law says anyone who knows of a bite that could spread rabies must report it to the local rabies control authority (Tex. Health & Safety Code § 826.041). This is usually city or county animal control. The authority must investigate.

In most cases, a dog or cat that bites a person is placed under a 10-day observation, or quarantine (25 Tex. Admin. Code § 169.27). The animal may be kept at an approved facility, a vet clinic or, if allowed, at home. This helps your doctor decide whether you need rabies shots.

A report also creates an official record of the bite. That record can help your claim later.

Dog Bites and Children

Children are bitten more often than adults, and often on the face, head and neck. These injuries can need stitches, plastic surgery and counseling. A child may need care for years.

Texas law usually pauses the deadline for a child's own injury claim until the child turns 18 (Tex. Civ. Prac. & Rem. Code § 16.001). But a parent's claim for the child's medical bills may have a shorter deadline. Do not wait to get advice.

Scarring and Emotional Harm

Scars can be permanent, especially on the face and hands. Compensation in Texas can include disfigurement. Many people also struggle with fear of dogs, nightmares or anxiety after an attack. These are real harms. We work with your doctors to document them.

What Compensation Can Cover

Depending on your case, compensation may include medical bills and future care, plastic surgery, counseling, lost wages, pain and suffering, mental anguish, physical impairment and disfigurement. Every case is different, and we cannot promise any result.

What to Do After a Dog Bite

1. Get medical care right away. Dog bites can get infected fast.
2. Report the bite to animal control or the police.
3. Get the owner's name, address and insurance information.
4. Ask about the dog's rabies vaccine records.
5. Take photos of your injuries, your torn clothes and the place it happened. Keep taking photos as you heal.
6. Get witness names and phone numbers.
7. Do not give a recorded statement to the owner's insurer before speaking with a lawyer.

Texas Deadlines and Fault Rules

In most Texas injury cases, you have two years from the date of the injury to file a lawsuit (Tex. Civ. Prac. & Rem. Code § 16.003). Under Texas's modified comparative fault rule, your compensation is reduced by your share of fault, and you cannot recover if you are found more than 50 percent responsible (§ 33.001). Insurers sometimes argue that the person bitten provoked the dog. We look at what really happened.

Fees

You pay no attorney's fees unless we recover compensation for you. We explain the fee and any case expenses in plain terms before you decide.

About Attorney Alers

Attorney Beverly Alers founded Alers Law and has been licensed to practice law since 2012. She holds a J.D., earned cum laude, and an LL.M. in Litigation and Alternative Dispute Resolution. Attorney Alers believes injured people deserve a firm that treats their case seriously from the first call.

Servicio en Español

Attorney Alers is fully bilingual. You can tell your story, ask questions and review every document in Spanish or English. Lea esta información en español.

Talk to Us Before You Talk to the Insurance Company

A conversation costs you nothing, and it can protect your claim. We serve all of Texas, in person in Dallas–Fort Worth or by phone and video.

Book your injury consultation or call (469) 207-1515. See all the personal injury cases we handle, including pedestrian accidents.

This page offers general information, not legal advice. Reading it does not create an attorney-client relationship.

Frequently asked questions

Does Texas have a dog bite law?

Texas has no general dog bite statute. Courts hold owners responsible if they knew the dog was dangerous, or if they were careless in controlling it.

Does a dog have to bite someone before the owner is responsible?

No. Past aggressive behavior can be enough to show the owner knew the dog was dangerous. And an owner can be responsible for negligence even if the dog never acted aggressively before.

Who pays for a dog bite in Texas?

Often, the owner's homeowners or renters insurance pays. Some policies limit coverage for certain dogs, so we review what applies in your case.

Do I have to report a dog bite?

Texas law requires a report to the local rabies control authority, usually animal control. The dog is then usually observed for 10 days for signs of rabies.

How long do I have to file a dog bite claim?

In most cases, two years from the date of the bite. For a child's own claim, the deadline is usually paused until age 18, but related claims may be due sooner.