Dog attacks can happen when you least expect it, such as while visiting a relative or walking down a neighborhood street. They can cause significant injuries, including lacerations, puncture wounds, degloving, face and neck injuries, permanent scarring or disfigurement, and wrongful death. A dog attack can also cause emotional injuries. If a dog bites you or a loved one, learn Texas’ dog bite laws to understand your rights against the pet owner. 

Severe Dog bites and dog attack injuries in Dallas, Texas, lead to major injuries, primarily to children caught around a dangerous dog. Dallas dog owners must follow city and state ordinances regarding dangerous and even ordinary dogs.

Dogs have shared their lives with humans for more than 12,000 years and that coexistence has contributed substantially to humans’ quality of life. In the United States, there are more than 53 million dogs sharing the human-canine bond, more dogs per capita than in any other country in the world. Unfortunately, a few dogs do not live up to their image as mankind’s best friend. According to the American Veterinary Medical Association, an estimated 4.7 million people are bitten by dogs each year, with an estimated 800,000 requiring medical attention. Children account for approximately half of all dog bite victims with the elderly being the second most common group of victims.

At least one individual in the United States seeks emergency medical attention for a dog bite every minute. That is over 500,000 serious dog attacks per year. An estimated 800,000 dog bites require at least some medical attention each year. Well over 200 million dollars are spent treating dog bite injuries each year.

Of the 800,000 attacks each year, approximately 44,000 dog attacks result in facial injuries, amounting to roughly 0.5 percent and 1.5 percent of all hospital emergency room visits. The statistics show that male patients slightly outnumber female patients. Unfortunately, 60 percent of the dog bite victims are children, severe injuries occurring almost exclusively in children under 10 years old. 77 percent of injuries are to the face, though with mail carriers a vast majority of their injuries (97 percent) involve their lower extremities. The average hospital stay for a dog bite victim who is severely injured is 4.2 days.

Direct costs of dog bite injuries are high, including the cost of medical care, insurance costs, workmen’s compensation claims, lost wages, and sick-leave associated business costs, among others.

Almost half of all dog bites are provoked, regardless of whether the victim is a child or an adult. What constitutes provocation for a dog can be very different from what a human would consider provocation.

The U.S. Postal Service released its dog attack national rankings. Texas ranks #2 on the states list of dog attacks with 404 incidents. The city list includes three Texas cities in the top 9 – Houston at #1 with 57 incidents, Dallas at #3 with 44 incidents, and San Antonio at #9 with 32 incidents in Calendar Year 2022 (full lists below).

Overall, more than 5,300 Postal Service employees were attacked by dogs while delivering the mail last year. Aggressive dog behavior is a common safety concern USPS employees face. To keep its workers safe, the organization is providing important information on how dog owners can be good stewards for safe mail delivery as part of its annual National Dog Bite Awareness Week public service campaignIf you have been mauled in a severe dog attack injury, you might be entitled to compensation from the owner. The Law Firm of Aaron Herbert has may years of experience handling cases like this and can help you hold the dog owner accountable for their careless actions.

Texas Dog Bite Statistics

TTexas has fatalities from dog attacks every year. Most deaths involve infants, toddlers and the elderly – the most vulnerable populations in dog attacks. Texas is often at the top of the list in the number of dog bite deaths in the country. One report spanning eight years found 34 deaths related to dog attacks in Texas. This was more than in any other state for the same years. The breed most often involved in fatal dog bite incidents is the pit bull. Pit bulls were responsible for 26 of the deaths in the study (76%), followed by Rottweilers with 5 deaths (15%). Most of the deceased (68%) were children under the age of 12. More than half (52%) were 2 years old or younger. Family dogs accounted for 53% of fatal attacks. The counties with the most fatal attacks in Texas were Harris, Bexar and Montgomery. Texas has many municipal laws in place controlling the ownership of dogs, but the state itself has a law in place that prohibits the passing of breed-specific regulations. Cities such as Fort Worth, San Antonio and Garland have worked around the restriction to implement laws targeted at preventing new fatal attacks and holding liable dog owners accountable. Texas also has laws restricting the ownership of dangerous dogs. An owner will need to take additional measures to secure a dangerous dog in Texas.

Who Is Liable for a Dog Bite in Texas?

Texas has an overarching one-bite law. This law can make it difficult to hold pet owners responsible for attacks. It requires the victim to prove the dog has bitten another person in the past or the owner had reason to know of the dog’s vicious propensities. Otherwise, the victim may not have a case against the owner for damages. In random attacks or as the pet’s first victim, you might not have a case. It may also be possible, however, to file a claim against the dog owner on the grounds of negligence. If a pet owner failed to keep a dangerous dog inside the house, for example, and it attacked you in the street, you may have grounds against the owner for negligence. Other parties, such as household members, landowners or trainers, could also be liable. A negligence-based dog bite claim requires proof of the defendant’s lack of ordinary care in preventing the attack.

What to Do After a Dog Bite Incident 

Holding a pet owner or someone else liable for your dog bite injury will take a preponderance of the evidence: enough evidence to establish the defendant is more likely than not responsible for your injuries. Start gathering evidence for your case right away. Take pictures of the dog, your injuries and the scene where the attack occurred. If you notice anything important, such as no leash or a broken fence, take photos of it as well. Go to the hospital for dog bite injury treatment and keep copies of your medical records.
Contact the homeowners insurance company of the pet owner to file a damage claim. If you have serious injuries or the insurance company is making it difficult to settle your claim for a reasonable amount, work with an attorney for assistance bringing your case. A dog bite injury lawyer in Texas can help you explore your options and protect your legal rights. A lawyer can make it easier to hold a pet owner accountable for a dog attack in Texas.

What to Do After a Dog Bite Incident

lding a pet owner or someone else liable for your dog bite injury will take a preponderance of the evidence: enough evidence to establish the defendant is more likely than not responsible for your injuries. Start gathering evidence for your case right away. Take pictures of the dog, your injuries and the scene where the attack occurred. If you notice anything important, such as no leash or a broken fence, take photos of it as well. Go to the hospital for dog bite injury treatment and keep copies of your medical records. Contact the homeowners insurance company of the pet owner to file a damage claim. If you have serious injuries or the insurance company is making it difficult to settle your claim for a reasonable amount, work with an attorney for assistance bringing your case. A dog bite injury lawyer in Texas can help you explore your options and protect your legal rights. A lawyer can make it easier to hold a pet owner accountable for a dog attack in Texas.

Safety tips to avoid dog bites:

• Always supervise a young child around any dog, no matter how well known, friendly, or small that dog may be. A parent sleeping in the same room does not constitute supervision.
• Never approach an unfamiliar dog.
• Never run from a dog and scream.
• Stay still when an unfamiliar dog comes up to you.
• If knocked over by a dog, roll into a ball and lie still.
• Do not stare a dog in the eyes because it may view that as threatening.
• Do not disturb a dog that is sleeping, eating or caring for puppies.
• Do not pet a dog without letting it see and sniff you first.
• Do not ride your bicycle or run past a dog.
• Do not tease a dog, pull its ears or tail or squeeze it too hard.
• Lavish extra attention on a dog when a new baby is brought home.

Dog owners should consider:

• That canines are pack animals, and puppies should be trained to look to humans for leadership and to avoid competition with humans;
• The need to socialize the puppy to many different types of people;
• The importance of puppy obedience class;
• That wrestling, tug-of-war, and “siccing” instills bad habits in a dog;
• The importance of spaying or castrating the dog (studies show that neutered animals are less likely to be aggressive); and
• The significance of teaching dogs how to properly behave around children.

Dog attacks can happen when you least expect it, such as while visiting a relative or walking down a neighborhood street. They can cause significant injuries, including lacerations, puncture wounds, degloving, face and neck injuries, permanent scarring or disfigurement, and wrongful death. A dog attack can also cause emotional injuries. If a dog bites you or a loved one, learn Texas’ dog bite laws to understand your rights against the pet owner.

Texas Dog Bite Statistics

Texas has fatalities from dog attacks every year. Most deaths involve infants, toddlers and the elderly – the most vulnerable populations in dog attacks. Texas is often at the top of the list in the number of dog bite deaths in the country. One report spanning eight years found 34 deaths related to dog attacks in Texas. This was more than in any other state for the same years.
The breed most often involved in fatal dog bite incidents is the pit bull. Pit bulls were responsible for 26 of the deaths in the study (76%), followed by Rottweilers with 5 deaths (15%). Most of the deceased (68%) were children under the age of 12. More than half (52%) were 2 years old or younger. Family dogs accounted for 53% of fatal attacks. The counties with the most fatal attacks in Texas were Harris, Bexar and Montgomery.
Texas has many municipal laws in place controlling the ownership of dogs, but the state itself has a law in place that prohibits the passing of breed-specific regulations. Cities such as Fort Worth, San Antonio and Garland have worked around the restriction to implement laws targeted at preventing new fatal attacks and holding liable dog owners accountable. Texas also has laws restricting the ownership of dangerous dogs. An owner will need to take additional measures to secure a dangerous dog in Texas.

Who Is Liable for a Dog Bite in Texas?

Texas has an overarching one-bite law. This law can make it difficult to hold pet owners responsible for attacks. It requires the victim to prove the dog has bitten another person in the past or the owner had reason to know of the dog’s vicious propensities. Otherwise, the victim may not have a case against the owner for damages. In random attacks or as the pet’s first victim, you might not have a case.
It may also be possible, however, to file a claim against the dog owner on the grounds of negligence. If a pet owner failed to keep a dangerous dog inside the house, for example, and it attacked you in the street, you may have grounds against the owner for negligence. Other parties, such as household members, landowners or trainers, could also be liable. A negligence-based dog bite claim requires proof of the defendant’s lack of ordinary care in preventing the attack.

What to Do After a Dog Bite Incident 

Holding a pet owner or someone else liable for your dog bite injury will take a preponderance of the evidence: enough evidence to establish the defendant is more likely than not responsible for your injuries. Start gathering evidence for your case right away. Take pictures of the dog, your injuries and the scene where the attack occurred. If you notice anything important, such as no leash or a broken fence, take photos of it as well. Go to the hospital for dog bite injury treatment and keep copies of your medical records.
Contact the homeowners insurance company of the pet owner to file a damage claim. If you have serious injuries or the insurance company is making it difficult to settle your claim for a reasonable amount, work with an attorney for assistance bringing your case. A dog bite injury lawyer in Texas can help you explore your options and protect your legal rights. A lawyer can make it easier to hold a pet owner accountable for a dog attack in Texas.

• Facial Scarring and disfigurement
• Nerve damage – paralysis and in severe cases spinal cord injury and paraplegia
• Eye injuries – K9 trauma sustained to the eye
• Severe infections including rabies, pasteurella and hepatitis
• Amputation of the limbs fingers and nose
• Brain injury due to trauma sustained to the head
• Broken bones and knee ligament injuries from falling down due to an attack
• Emotional trauma – individual victims frequently experience bouts of sustained port traumatic stress (PTSD), depression, and anxiety

• The severity of the injuries suffered.
• The permanence of injuries – requiring future medical costs, rehabilitation expenses and revision surgeries for permanent scarring and disfigurement.
• Level of pain and suffering – in the state of Texas victims injury are entitled to compensation for the emotional trauma suffered as a result of their injuries.
• Lost time at work – resulting in lost wages and or loss of future income due to permanent injuries or disabilities
• Punitive damage – Punitive damages can be awarded in instances where the individual responsible for the K9 acted with either an intent to cause harm to acts in reckless disregard for the health and safety to others.

If you get injured in a dog attack in Texas, there are many legal hoops you must jump through to obtain financial compensation for your injuries. The breed of the dog, however, is not something that the Texas courts take into consideration when determining financial responsibility (liability) for a dog bite injury. Every dog bite case is treated the same, regardless of the breed of the dog involved. The breed may play a role in proving negligence, however, as well as the amount of financial compensation awarded to the victim.

Dog Breed Doesn’t Matter With the One-Bite Rule

In general, Texas’ dog bite law does not involve the specific breed of the dog. Texas uses a one-bite rule, also known as a negligence rule, to determine liability for a dog bite injury, regardless of the breed. A one-bite rule means that an injured victim must prove the pet owner knew or reasonably should have known that the dog was violent, yet did nothing to stop an attack. In other words, that the dog had bitten someone previously or showed other signs of aggression, but that the pet owner did not properly control the dog.

Does Texas or Dallas Have Breed-Specific Restrictions?

Dog breed might be relevant, however, to establish that the pet owner was negligent in failing to prevent the attack. If a pet owner was violating a state or municipal law against owning a specific breed of dog, for example, this could be evidence of the pet owner’s negligence. Simply by owning an illegal breed, the pet owner could be accepting liability for any related incidents or injuries. However, Texas has a statewide law that does not permit counties or municipalities to create restrictions against specific breeds (Texas Health and Safety Code Section 822.047).

Was the Pet Owner Breaking a Leasing Agreement?

Dog breed might also matter in terms of whether the pet owner was breaking a leasing agreement by keeping the pet in a rented home or apartment. If so, this could be used as proof of the pet owner’s negligence. If the landlord knew that a tenant was violating a leasing agreement with a specific breed of dog, yet did nothing to remove the threat, the landlord could also bear liability for a related dog bite injury.

What Is a “Dangerous Dog?”

If a dog is assigned the classification of being dangerous in Texas, the owner of the dog will have additional responsibilities in terms of preventing an attack. A “dangerous dog,” according to Section 822.041 of the law, is one involved in an unprovoked attack that injures a human (or puts the person in reasonable fear of being injured) while the dog is in a place other than its enclosure.
In Texas, anyone who owns a dangerous dog must register the dog with the Animal Control Center, keep the dog on a leash or enclosure at all times, obtain special liability insurance coverage for the dog, and comply with other municipal laws regarding dangerous dogs. If the owner of a dangerous dog falls short of these responsibilities, this could be proof of negligence.

Different Dog Breeds and Injury Severity

Finally, the breed of the dog may affect the outcome of a dog bite case in the sense that certain breeds can cause more severe physical injuries when they attack. According to dog bite injury statistics, most fatal injuries are caused by pit bulls, American bulldogs, German Shepherds and mastiffs.
Although smaller dogs may bite more frequently, the related injuries are generally not as severe as when larger dogs attack. The gravity of the victim’s dog bite injuries can affect how much the case is worth, as worse injuries create more expensive medical bills and greater pain and suffering. If you or a loved one was recently injured in a dog attack in Texas, contact an attorney for legal assistance with your specific case.

Texas is one of the top states in the country in terms of the number of dog bite injuries and deaths each year. When a dog attacks and injures someone in Texas, it is possible for a landlord to be held liable, or legally and financially responsible, in certain circumstances. This can lead to greater financial compensation for the injured victim, as the landlord will have to pay for the victim’s medical bills and other related losses.

What Is Texas’ Dog Bite Law?

Texas uses a one-bite rule when it comes to liability for dog bite injuries. This rule relies on the legal theory of negligence. It states that a pet owner will only be held responsible for a dog bite injury if the dog had previously bitten someone or shown other signs of aggression, and if the owner failed to prevent a second or subsequent bite. If Texas used a strict liability dog bite law, on the other hand, a pet owner would always be liable for a dog bite injury, without regard to whether the owner knew of the dog’s propensity for viciousness.
Under Texas’ dog bite law, there must be proof that the owner or controller of the dog knew or reasonably should have known that the dog had acted aggressively or bitten someone previously and that the individual failed to take reasonable steps to prevent the subsequent attack. The same legal theory applies if the injured victim wishes to pursue a claim against a third party, such as a landlord. It is the victim’s responsibility to prove the defendant was negligent and that this caused or contributed to the dog attack.
 

Landlord Liability for a Dog Bite

Landlords have a certain responsibility to keep the properties that they own and manage reasonably safe for renters and visitors. If a dog attack in Texas takes place while on rented or leased property, the landlord may be held accountable. While a landlord might not be responsible for incidents that take place inside apartments, they are responsible for all common areas on the premises, such as hallways and lobbies.
It is possible to make a claim against a landlord for a dog bite injury that takes place in a common area if there is evidence that the landlord knew or reasonably should have known that a violent or dangerous dog was staying on the property. If the landlord knew about the aggressive dog but did nothing to remove the threat of harm, such as evicting the tenant for breaking the building’s pet rules, the landlord or owner of the building could be held responsible for an attack.
In addition, a landlord may be held responsible for a dog bite injury that occurs as a result of the landlord’s failure to maintain a safe premises. If the landlord should have repaired a hole in a fence before a dog escaped and attacked someone, for example, the landlord could bear responsibility for failing to prevent a foreseeable injury. If the landlord did his or her part to prevent a dog attack, however, and it was the pet owner that didn’t follow the rules, the owner might be liable instead.

When to Contact a Dallas Dog Bite Injury Attorney

Holding a landlord or property owner responsible for a dog bite injury in Texas could result in greater financial compensation for your medical bills and other related losses. If the pet owner does not have enough insurance to cover your costs, for example, the landlord or property management company might have greater coverage available. It is up to you as the injured victim, however, to prove that the landlord was negligent. A premises liability attorney in Dallas can help you with this burden of proof.
An attorney can thoroughly investigate your dog bite incident to search for signs of negligence by the pet owner, landlord, property owner or any other parties involved. Then, your attorney can present evidence of negligence to an insurance company and negotiate for fair financial compensation for your losses on your behalf. If you get bitten by a dog at someone’s rental home or apartment in Texas, contact an attorney to discuss the possibility of landlord liability.