Texas Dog Bite Laws 2024

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, with 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 campaign. If 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 many years of experience handling cases like this and can help you hold the dog owner accountable for their careless actions.

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 has 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 fails to keep a dangerous dog inside the house, for example, and it attacks 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 

Texas has combined both the “one-bite rule” and comparative negligence in dealing with claims of dog bites; that is, an owner might be liable for any injuries caused by his animal if he knew or should have known the animal’s aggressive propensities or the owner was negligent in trying to prevent the attack.
For instance, the owner may be held to know that the dog is dangerous be liable for its attack when the latter has acted in a dangerous way previously either by growling or attempting to bite someone. In addition, a court can find negligent an owner who fails to reasonably confine the dog then it attacks someone without being provoked.
Texas dog bite laws also give avenues to the injured person for medical expenses, lost wages, and pain and suffering. Victims are encouraged to seek the advice of experienced attorneys who can help them navigate the complexities of such laws effectively.

What’s the One-Bite Rule in Texas?

The one-bite rule means that a dog owner may be held liable if their dog has bitten someone before or shown signs of aggression. However, Texas law doesn’t solely rely on this rule—victims may also claim damages by proving the owner’s negligence.

Under this rule, an injured party must establish that:

• The dog had a history of biting or aggressive behavior.
• The owner was aware of this behavior before the incident.

For example, if a dog in Dallas had previously bit a neighbor, and the owner had allowed the dog to roam freely afterward, the owner could be liable under the one-bite rule. Beyond this, proving that the dog owner failed to follow leash laws or other local ordinances can strengthen the victim’s case. Dallas Animal Services enforces leash laws to protect the public and reduce incidents of dog bites.

Defenses in a Dog Bite Incident

Some possible defenses to liability against dog owners in Texas include, but are not limited to:

• Provocation : if the victim provoked a dog through hitting, teasing, or threatening it, one can always try using a type of self-defense on behalf of the canine.
• Trespassing: If the bite occurred while the injured person was unlawfully on the owner’s property, the owner may not be held liable.
• Assumption of Risk: If the victim knowingly approached a dangerous dog despite warnings or visible signs, such as “Beware of Dog” signs, the owner could argue the victim assumed the risk of injury.

For example, if a dog in a fenced yard attacked someone who climbed over the fence, the owner might not be liable under Texas law. Each case is fact-specific, and consulting a skilled attorney is critical to navigating these defenses.

What Is Considered a Vicious Dog in Texas?

In Texas, a vicious dog is generally defined as one that has attacked or bitten a person without provocation or has exhibited dangerous behavior that could cause harm. Local ordinances often expand on this definition. In Dallas, for instance, a dog may be classified as dangerous if it inflicts severe injury on a person or acts aggressively while unrestrained .

To classify a dog as vicious or dangerous, authorities may consider:

• Past Behavior: Has the dog ever bitten anyone or shown aggressive tendencies?
• Seriousness of the bite: Was the bite such that it caused serious physical harm and required medical attention?Circumstances of the incident: Whether the dog was provoked or attacked without provocation in a public place.

Dog owners with dogs judged to be vicious are also often subject to severe legal consequences: fines, ordered muzzling, or euthanasia.

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 tai,l 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” instill 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.

Do I Have to Report a Dog Bite in Texas?

Yes, dog bites in Texas have to be reported to the local animal control authorities, especially when they break the skin. In Dallas, victims are encouraged to report such bites for immediate tracking of probably dangerous animals, reducing public health risks.

Reporting a dog bite ensures the following:

• Rabies prevention: The authorities can confirm whether the dog is up to date on its vaccination.
• Incident documentation: Official records may support any legal claims for damages. Public safety: Reporting allows authorities to determine whether the dog is a continuing menace to the community.

When reporting a bite, be prepared to give information such as where this incident occurred, a description of the dog, and the owner’s contact information, if known. Victims should also seek immediate medical attention because dog bites can introduce bacteria that lead to serious infection.

Additional Safety Tips

Although Texas law holds owners liable, individuals can minimize the likelihood of bites by:

Avoiding unfamiliar dogs.

• Not making any sudden movements or loud noises around dogs.
• Teaching children to safely interact with pets

Knowledge of dog bite laws and some proactive steps by Dallas residents will protect them and their families from these hazardous encounters.