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How Texas Dog Attack Laws Work on Public Property

Grimes & Fertitta > Personal Injury  > How Texas Dog Attack Laws Work on Public Property

How Texas Dog Attack Laws Work on Public Property

German shepherd biting a man's arm

If you or a loved one has suffered from a dog attack on public property, you deserve both justice and compensation for your physical and emotional injuries. With numerous legal grey areas surrounding dog bites — from shared liability to questions of negligence — understanding how Texas dog attack laws protect you is vital for securing fair compensation.

Here’s what you need to know about Texas law regarding dog bites on public property:

  • Property owners and municipalities have a duty to prevent dangerous dogs from accessing public spaces like parks, sidewalks, and streets.
  • Dog owners are strictly liable for injuries their pets cause in public areas, regardless of whether the dog has previously shown aggressive behavior.
  • Victims can seek compensation for medical bills, lost wages, pain and suffering, and emotional trauma.
  • There is typically a two-year statute of limitations from the date of the attack to file a claim.

Proving liability in dog attack cases requires extensive legal expertise, and insurance companies often try to minimize payouts or shift blame. Don’t handle this alone — call a Houston dog bite lawyer from Grimes & Fertitta at 713-224-7644 or contact us online today to schedule a consultation to review your case.

Texas dog bite laws explained

Texas follows the “one bite rule” with an important addition known as Lillian’s Law (Texas Health and Safety Code § 822.005). Under the one-bite rule, victims must prove the owner knew or should have known their dog was aggressive based on previous behavior. However, Lillian’s Law makes dog owners criminally liable if their dog causes serious bodily injury or death in an unprovoked attack while at large (more on this below).

Key statutes governing dog attacks include:

  • Texas Health and Safety Code § 822.005: Criminal penalties for owners of dogs that cause death or serious injury
  • Texas Health and Safety Code § 822.041: Defines dangerous dogs and owner responsibilities

Property owners or landlords can also be held liable, as they are responsible for protecting the public from dangerous dogs in common areas. Cities and municipalities may have additional ordinances that create stricter liability standards for dog owners.

What is Lillian’s law in Texas?

Lillian’s Law was enacted in 2007 after the tragic death of Lillian Stiles, a 76-year-old woman killed by a neighbor’s dogs while tending to her garden. This law creates criminal penalties for dog owners, making it a third-degree felony if their dog causes death or serious injury in an unprovoked attack. The charge elevates to a second-degree felony if the owner was criminally negligent.

For victims who want to sue for a dog bite, this law provides strong legal grounds alongside civil remedies. Under this statute, a dog owner can face:

  • Up to 10 years in prison for a third-degree felony
  • Up to 20 years for a second-degree felony
  • Significant fines up to $10,000
  • Civil liability for damages

This law applies specifically to attacks that occur while the dog is “at large” — meaning off the owner’s property and not restrained. It’s important to note that this criminal statute exists alongside civil remedies, giving victims both criminal and civil legal options for pursuing justice after an attack.

What is considered a dog attack in Texas?

In Texas, a dog attack on public property encompasses any unprovoked aggressive behavior that results in injury, including:

  • Bites that break skin
  • Jumping that causes falls or injuries
  • Chase-related injuries
  • Multiple-dog attacks
  • Attacks on service animals

The attack must occur in a public space like:

  • Sidewalks
  • Parks
  • Shopping centers
  • Apartment common areas
  • Public trails
  • Streets

For example, if a person is walking on a public sidewalk and an unleashed dog from a nearby house charges and bites them, causing injury, this qualifies as a dog attack under Texas dog attack laws, even if it’s a first-time incident for the dog.

What to do if a dog attacks you in public

The moments following a dog attack are critical for both your health and legal rights. Every action you take can impact your physical recovery and ability to receive fair compensation. Here are the essential steps to protect yourself:

  1. Call emergency services. Dial 911 immediately for severe injuries, especially if there’s significant bleeding or risk of infection. Don’t assume minor-looking wounds are harmless — dog bites often require professional medical attention.
  2. Document everything. Take photos of your injuries, torn clothing, and the attack location. Make a video recording of the scene if possible. Write down exactly what happened while the details are fresh.
  3. Collect owner information. Get the dog owner’s name, address, phone number, and insurance details. If they flee, note their physical description and any vehicle information.
  4. Gather witness details. Ask witnesses to share contact information and record brief statements on your phone. Their testimony can be crucial, especially if the owner disputes fault.
  5. Report to authorities. File a report with local animal control. This creates an official record and may reveal previous incidents with the same dog.
  6. Seek medical care. Visit a doctor even if wounds seem minor. Dog bites can cause infections, nerve damage, and scarring. Keep all medical records and bills.
  7. Hire a skilled attorney. Contact a dog bite personal injury lawyer in Houston before speaking with insurance companies. Insurance adjusters often try to minimize your claim or shift blame to protect their bottom line, but an experienced attorney knows how to document damages properly and fight for fair compensation.

Time is of the essence after a dog attack. Delaying these steps can jeopardize both your health and legal claim.

Learn more: How to find a top-rated attorney for personal injury in Houston

Bit by a dog in Houston and are looking to recover damages? Call Grimes & Fertitta today!

Understanding Texas dog attack laws on public property is one thing; using them to build a strong case and prove liability is another entirely, which requires extensive knowledge and experience.

Whether you’re dealing with a serious dog bite case or seeking a neck and back injury settlement, our experienced attorneys know how to maximize your compensation. Grimes & Fertitta has successfully represented countless personal injury victims throughout Houston. We understand the physical and emotional trauma you’re experiencing, and we’ll fight tirelessly to hold negligent owners accountable while you focus on recovery.

Call 713-224-7644 or contact us online to schedule your consultation today!

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