Texas Dog Bite Law: What the 'One Bite Rule' Actually Means for Victims
If you or a loved one has been injured by a dog bite, then it’s important to understand your legal options to get coverage for your medical bills and other damages. A lawyer can help you understand how the Texas dog bite law works, especially since Texas isn’t a strict liability state. So, proving your case might be a bit more complicated.
In this article, we’re breaking down how dog bite claims work and what you need to know about protecting your legal and financial rights.
What It Means: Texas Is Not a Strict Liability State
Other states, such as Florida and California, have laws that hold dog owners automatically responsible if a bite occurs. But here in Texas, you need to prove that the owner knew or should have known that the dog was a threat.
This is known as the “one-bite rule.” In the 1970s, there was a Texas Supreme Court case that shaped how claims work today. The one-bite rule doesn’t necessarily mean that you can’t get a settlement from the dog’s first bite. But if the dog hasn’t bitten someone before, then you will need to have evidence that shows the owner had previous knowledge of the dog’s dangerous behavior before you were bitten.
Three Ways Victims Actually Win Dog Bite Cases
Our legal team has extensive experience with dog bite laws in Texas, and we’ve found that there are three reliable ways to win a dog bite claim:
- Prior Behavior: Evidence needs to be gathered that shows proof the owner knew about the dog’s dangerous tendencies, such as prior complaints, growling, or lunging incidents.
- Ordinary Negligence: In this situation, you can prove that the owner failed to reasonably control the dog. Regardless of the dog’s bite history, the owner’s negligence could be grounds for proving liability.
- Negligence Per Se: This approach applies if the owner violated a leash law or dangerous dog ordinance. The violation alone can be evidence used to prove fault.
What Victims Can Actually Recover from a Dog Bite Claim
Some people wonder whether it’s worth the time and effort to pursue a dog bite lawsuit in Texas. Yes, the settlement can add up, depending on the circumstances and severity of the injuries from the bite. Our legal team can review your case and provide personalized recommendations to maximize your compensation, including recovery for:
- Economic Damages: These costs are relatively easy to prove because they are backed by invoices and receipts. Examples include costs for medical treatments, reconstructive care, and lost wages during the recovery time.
- Non-Economic Damages: You might receive additional compensation for non-economic damages, but they are a little more difficult to prove. Examples include pain and suffering, permanent scarring, and compensation for lifelong disfigurement.
The severity of the injuries plays a significant role in the amount of compensation that is available. A minor bite might result in a relatively small settlement, while a much larger payout could be offered for a case that requires more significant reconstructive surgery.
Who Actually Pays for Dog Bite Injuries
In most situations, the dog bite claim is paid by the owner of the dog, often through either homeowners or renters insurance. Depending on the policy, the liability limits are usually between $100,000 and $300,000.
Make sure to check the details of your policy, because there might be breed restriction exclusions written into the policy. In this situation, it can complicate the claim (depending on the type of dog that was involved).
Can you sue for a dog bite in Texas? If the owner has no insurance, then you might consider pursuing a lawsuit to get compensation from the owner’s personal assets. But this is a much harder path to recover compensation, especially when the owner has no significant assets.
Steps to Take Right After a Dog Bite Occurs
Here are the most important things that you need to do immediately after you are bitten by a dog:
- Medical Care: Get to safety right away and seek medical care. Even if the bite looks minor, there is still an infection risk. Also, you want to make sure that there are medical records on file if you decide to pursue a dog bite lawsuit in Texas.
- Contact Information: Always identify the owner and their dog before you leave the scene (if possible). If there are any witnesses in the area, then get their contact information so that they can back up the events that occurred.
- File a Bite Report: Contact the local animal control department to file a bite report. Also, the state of Texas requires a rabies quarantine period (which means that this step is not optional).
- Call a Lawyer: You need legal representation right away to increase the likelihood of receiving the compensation that you deserve.
The Clock Is Ticking: Don’t Wait to File a Dog Bite Claim
Even though the statute of limitations in the state of Texas is 2 years from the date of the bite, it’s harder to gather evidence if you wait too long to file your lawsuit. The best solution is to contact an attorney as soon as possible, so they can start gathering evidence to prove liability.
If a minor was involved, then special rules can extend the timeline. But never make any assumptions without consulting with an experienced attorney for assistance.
In most situations, the cases often settle before going to trial. A good attorney will help you maximize compensation and avoid stressful trial processes whenever possible. The settlement amount depends on how well the dog bite was documented immediately after the accident occurred.