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Houston Dog Bite Lawyer
40 Years of Experience- Hundreds of Millions Won No Fees Unless We Win
Our Houston Dog Bite Attorneys Will Explain Your Rights and Options
Dog attacks can cause serious harm to your body and mind. Knowing Texas laws about dog bites is key for victims of dog bites who want justice and money for their injuries. If someone’s dog attacked you, call our Houston dog bite lawyers now. We offer free case reviews.
According to the US Postal Service, Houston is ranked the number 2 city for dog attacks, second only to Los Angeles.
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ABOUT GREG BAUMGARTNER
A Passion For Justice. The Experience For Win.
Greg Baumgartner, the founder of Baumgartner Law Firm, has spent the last 40 years helping accident victims. Greg is top-rated in personal injury and wrongful death cases, with a perfect 10 AVVO rating and is recognized as one of the best personal injury lawyers in Texas. He has won millions for accident victims in Houston and across Texas. You will not find a more experienced injury attorney. Greg holds dual law degrees and is also a graduate of the Trial Lawyers College.
You will not be a case number to us. Our legal team will treat you like family. We will use our personal injury law experience and winning record to maximize your compensation, We have the expertise and resources to handle the most difficult cases. Contact our law firm and let us fight for your financial compensation.
Call us 24/7. Let’s start fighting together,
Greg Baumgartner
CEO of Baumgartner Law Firm
Understanding Texas Dog Bite Laws
Texas operates under the “one bite rule,” which implies that a dog owner may be liable if they knew or should have known about their dog’s aggressive tendencies. This knowledge is often established if the dog has previously bitten someone or exhibited threatening behavior. However, even without prior incidents, owners can be deemed negligent if they fail to exercise reasonable care in controlling their dogs, which may lead to an attack.
The One-Bite Rule in Detail
The one-bite rule lets injured victims hold dog owners fully liable when the owner knows their dog might be dangerous. This knowledge exists if the dog has bitten someone before, tried to bite someone, or shown signs it might bite. If a dog has no history of attacks or the owner doesn’t know about any bad behavior, a victim cannot use the one-bite rule to make the owner liable.
The case of Marshall v. Ranne applied the restatement of torts section 509, which provides “a possessor of a domestic animal which he has reason to know has dangerous propensities abnormal to its class, is subject to liability for harm caused thereby to others, except trespassers on his land although he has exercised the utmost care to prevent it from harming.”
Studies have shown that pitbulls and rottweilers are the breeds most known for attacks and account for most dog bites in Texas. Also, male dogs that have not been neutered are more likely to bite than female dogs and neutered males.
Negligence and Liability
Texas law lets dog bite victims sue owners for negligence. Negligence happens when someone fails to use ordinary care through action or inaction. Ordinary care means acting like a reasonable person would in similar situations to prevent harm. To win a negligence claim, a dog bite victim must prove several key legal elements.
- The defendant owned or possessed the animal.
- The defendant was obliged to exercise reasonable care to prevent the animal from injuring others.
- The defendant breached that duty.
- The defendant’s breach of their duty of care directly and proximately led to the dog bite/attack.
- The plaintiff suffered injuries for which they are entitled to financial recovery.
In a negligence claim, an injured dog bite victim does not need to prove that the dog owner knew about prior attacks or acts of aggression by their dog. Instead, the owner’s negligent handling of their animal may result in liability for injuries inflicted by their dog.
Criminal Liability Under Lillian’s Law
Enacted in 2007, Lillian’s Law addresses severe dog attacks in the state of Texas. Under this statute, dog owners can face criminal charges if their negligence leads to an unprovoked attack causing serious bodily injury or death. Specifically, if an owner, with criminal negligence, fails to secure their dog, and the dog makes an unprovoked attack, causing injury or death off the owner’s property, they can be charged with a felony. Convictions can result in significant prison time and fines.
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Seeking Compensation for Dog Bites and Animal Attacks in Texas
Dog bites and animal attacks can cause serious injuries, deep trauma, and financial problems. Texas law lets victims ask for money to cover these costs. Pet owners who don’t watch their pets can be held responsible. Knowing how the law works and what money you can get is key to a fair deal.
Types of Compensation Available for Dog Bite Victims
Dog bite victims in Texas may be eligible to recover various forms of compensation, depending on the severity of the injuries and their long-term consequences. Compensation can cover:
- Medical Expenses: Dog bite injuries often require immediate and ongoing medical care. Victims may need emergency treatment, surgery, infection control, rabies shots, skin grafts, and physical therapy. Compensation can include hospital bills, medication costs, rehabilitation expenses, and future medical treatments.
- Pain and Suffering: Beyond physical injuries, dog attacks can cause severe emotional distress, anxiety, and post-traumatic stress disorder (PTSD). Compensation for pain and suffering addresses the psychological impact of the attack, including fear of dogs, sleep disturbances, and emotional trauma.
- Lost Wages and Reduced Earning Capacity: Severe dog bite injuries may prevent victims from working temporarily or permanently. Compensation can include lost wages for missed workdays, diminished earning capacity due to long-term injuries, and disability benefits if the victim is unable to return to their previous job.
- Property Damage: Animal attacks can also result in property damage, such as torn clothing, broken eyeglasses, or damage to personal belongings, which may also be covered under the dog owner's insurance. Victims can seek reimbursement for the cost of replacing or repairing damaged property.
- Disfigurement: A dog bite can often leave a scar. Compensation is available for disfigurement in that case.
- Punitive Damages for Gross Negligence: In cases where a dog owner acted with extreme recklessness or knowingly allowed a dangerous animal to roam free, courts may award punitive damages. These are intended to punish the negligent party and deter similar behavior in the future.
Legal Steps to Take After a Dog Bite in Texas
To strengthen a compensation claim, victims should take immediate legal and medical action:
- Seek medical attention immediately to document injuries and prevent infections.
- Report the attack to your local animal control or law enforcement agency.
- Gather evidence, including photographs of injuries, witness statements, and medical records, to help the claims process.
- Consult a personal injury attorney to evaluate the personal injury case and negotiate with insurance companies or pursue legal action.
Statute of Limitations for Dog Bite Claims in Texas
Texas law imposes a two-year statute of limitations on personal injury claims, including those involving dog bites. Victims must file a dog bite report within this timeframe to be eligible for compensation. Delaying legal action can weaken a case and reduce the chances of compensation for your injuries.
Why Legal Representation Matters in Dog Bite Cases
Dog bite cases can be complex, especially when proving negligence or dealing with insurance companies. An experienced personal injury attorney can:
- Investigate the circumstances of the attack, including the dog owner's negligence.
- Gather evidence to establish liability, especially if the one bite rule applies.
- Calculate the full extent of damages
- Negotiate with insurance companies for a fair settlement
- Represent victims in court if necessary
Texas Dog Attack Statistics
Prevalence of Dog Bites in Texas
Texas has one of the highest dog attack rates in the US. About 45.5% of Texas homes own at least one dog, says the American Veterinary Medical Association. Most pets behave well, but some attacks cause serious injuries. These incidents can lead to legal fights and even deaths. The high number of dogs and weak state rules make dog bites more common in Texas cities.
Dog Bite Fatalities in Texas
Texas consistently ranks among the states with the highest number of fatal dog attacks. In 2024 alone, there were at least eight reported deaths resulting from dog attacks. A significant portion of these fatal incidents involved pit bulls, a breed commonly associated with severe bite injuries.
According to dogsbite.org, Harris County has the highest number of fatal dog attacks, followed by Bexar and Montgomery Counties. Studies indicate that dogs like pit bulls and Rottweilers are most likely to be involved in attacks, often leading to claims under the dog owner’s negligence.. Given the severity of some attacks, Texas continues to face challenges in addressing the rising number of fatalities linked to aggressive dogs.
High-Risk Breeds and Dangerous Dog Legislation
Texas doesn’t have state laws about specific dog breeds. Instead, local cities make their own rules. Some cities limit certain breeds they think are dangerous. Others just have rules for any dog that seems risky. Under Texas Health and Safety Code Section 822.004, if a dangerous dog attacks someone, the owner only faces a Class C misdemeanor. This means they get a small penalty. Many experts say some breeds hurt people worse than others. Still, Texas has no single law that makes owners of risky dogs take special care.
Most Common Cities for Dog Attacks in Texas
Texas cities have high numbers of dog attacks. Houston ranks first in the U.S. for dog attacks on postal workers. Dallas ranks fifth. The USPS tracks these dog incidents. Texas cities often rank among the worst for attacks on mail carriers and pedestrians. Big cities have more risk because more people own pets. These areas are crowded. They don’t enforce leash laws well. This can lead to incidents under the one bite rule.
Dog Bite Safety: Prevention Tips for Families and Pet Owners
Preventive Measures and Safety Tips
Preventing dog bites involves responsible pet ownership and public awareness. Owners should:
- Properly train and socialize their dogs
- Use leashes in public spaces
- Secure their properties to prevent escapes
- Adhere to local animal control laws
For individuals, it’s advisable to:
- Avoid approaching unfamiliar dogs
- Refrain from disturbing dogs that are eating or sleeping
- Supervise children around dogs
- Recognize signs of aggression, such as growling or bared teeth
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Frequently Asked Questions
Houston Dog Bite FAQs
If you or a loved one suffered a brain injury, you are sure to have questions and concerns. The best way to answer your questions is to call us for a free consultation. Here are a few questions that our experienced Houston brain injury attorney is frequently asked.
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What Does it Cost to Hire a Houston Dog Bite Lawyer?
At Baumgartner Law Firm, we take cases on a contingency fee basis. There is no upfront cost, and we cover all expenses necessary to build a strong case.
We offer complimentary consultations to address all your questions and are available 24/7 to assist in the case. Call us at (281) 587-1111.
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Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, Texas 77069
(281) 587-1111
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