Dogs are beloved companions throughout Austin, from the off-leash parks at Zilker to the dog-friendly patios on South Lamar. Most interactions between people and dogs are positive, but when a dog bite occurs, the consequences can be severe and life-changing.
If you or a loved one has been bitten by a dog in Austin, understanding your legal rights under Texas law is crucial. Dog bites can result in serious injuries, expensive medical treatment, and lasting emotional trauma. Knowing when you can hold a dog owner responsible and how to protect your rights can make the difference between receiving fair compensation and being left with mounting bills.
At Lee, Gober & Reyna, our experienced personal injury attorneys have helped numerous dog bite victims throughout Austin and Travis County recover compensation for their injuries. Understanding Texas dog bite laws and your options for recovery is the first step toward getting your life back on track.
Understanding Dog Bite Statistics and Risks
Dog bites are more common than many people realize. According to the American Veterinary Medical Association, approximately 4.5 million people are bitten by dogs each year in the United States, with children being the most frequent victims.
The Centers for Disease Control and Prevention reports that dog bite-related injuries result in hundreds of thousands of emergency room visits annually. These incidents can cause:
- Deep puncture wounds and lacerations
- Nerve damage and scarring
- Infections requiring extensive treatment
- Emotional trauma and lasting psychological effects
- Permanent disfigurement
Austin’s dog-friendly culture, while generally positive, means residents regularly encounter dogs in public spaces, increasing the potential for incidents when proper precautions aren’t taken.
Texas Dog Bite Laws: The “One Bite Rule”
Unlike some states that impose strict liability on dog owners, Texas follows what’s commonly known as the “one bite rule.” This legal principle means that dog owners may be held liable for bite injuries if they knew or should have known their dog had dangerous or aggressive tendencies.
How the One Bite Rule Works
Under Texas law, a dog owner can be held responsible for injuries caused by their dog if:
- The dog previously bit someone or showed aggressive behavior
- The owner knew the dog had vicious tendencies
- A reasonable person in the owner’s position would have known the dog was dangerous
This doesn’t mean a dog gets “one free bite.” If there’s evidence the owner knew their dog was aggressive—through previous incidents, complaints, or the dog’s behavior—they can be held liable even for a first bite.
Proving Owner Knowledge
Establishing that an owner knew about their dog’s aggressive tendencies can involve various types of evidence:
- Previous bite incidents or aggressive behavior
- Complaints from neighbors or others
- The owner’s statements about the dog’s temperament
- Evidence of inadequate restraint or supervision
- Breed-specific concerns in certain circumstances
Negligence Claims in Dog Bite Cases
Even if the one bite rule doesn’t apply, dog owners can still be held liable under general negligence principles. This occurs when an owner fails to exercise reasonable care in controlling their dog, such as:
Common Negligent Behaviors
- Violating leash laws: Austin has specific leash requirements in public areas
- Inadequate restraint: Allowing dogs to roam freely without proper barriers
- Failure to supervise: Not monitoring dogs around children or in crowded areas
- Ignoring warning signs: Dismissing growling, snapping, or other aggressive signals
Austin-Specific Regulations
Austin has comprehensive animal control ordinances that dog owners must follow. Violations of these local laws can strengthen negligence claims by showing the owner failed to meet community standards for responsible pet ownership.
Premises Liability and Dog Attacks
Property owners may also bear responsibility for dog attacks that occur on their premises, even if they don’t own the dog. This can happen when:
- Landlords allow tenants to keep dogs despite knowing about aggressive behavior
- Business owners permit dogs on their property without proper precautions
- Property owners fail to warn visitors about known dangerous dogs
Understanding premises liability laws can be crucial in cases where multiple parties may share responsibility for a dog attack.
Types of Compensation Available
Dog bite victims in Austin may be entitled to various forms of compensation, depending on the severity of their injuries and the circumstances of the attack.
Economic Damages
- Medical expenses: Emergency treatment, surgery, ongoing care, and rehabilitation
- Lost wages: Time off work during recovery
- Future medical costs: Plastic surgery, therapy, or long-term treatment
- Property damage: Torn clothing, damaged personal items
Non-Economic Damages
- Pain and suffering: Physical discomfort and emotional distress
- Scarring and disfigurement: Permanent changes to appearance
- Emotional trauma: Anxiety, fear of dogs, or PTSD
- Loss of enjoyment: Impact on activities and quality of life
Special Considerations for Children
Children often suffer more severe injuries in dog attacks due to their size and inability to defend themselves. Compensation for child victims may include:
- Additional considerations for emotional trauma
- Educational or developmental impacts
- Long-term psychological treatment
- Future plastic surgery needs
Steps to Take After a Dog Bite
Taking the right actions immediately after a dog bite can protect both your health and your legal rights:
Immediate Medical Care
Seek medical attention promptly, even for seemingly minor bites. Dog mouths contain bacteria that can cause serious infections, and professional medical evaluation creates important documentation for any potential legal claim.
Document the Incident
- Take photographs of your injuries and the scene
- Get contact information from the dog owner
- Collect witness information
- Report the incident to Austin Animal Services
- Obtain a copy of any police reports filed
Preserve Evidence
Keep records of all medical treatment, photographs showing healing progression, and any correspondence with the dog owner or their insurance company.
Avoid Common Mistakes
- Don’t accept quick settlement offers without legal consultation
- Avoid giving recorded statements to insurance companies
- Don’t sign any documents without attorney review
Austin Animal Control and Reporting Requirements
Austin has specific procedures for reporting dog bites that victims should follow:
Reporting Process
Dog bites must be reported to Austin Animal Services, which will investigate the incident and determine if quarantine is necessary. This official report can serve as valuable evidence in legal proceedings.
Quarantine Requirements
Texas law requires dogs that bite humans to be quarantined for observation, typically for 10 days, to monitor for signs of rabies. This quarantine can occur at the owner’s home under specific conditions or at an animal control facility.
Working with Insurance Companies
Dog bite claims often involve homeowner’s or renter’s insurance policies, which may cover the owner’s liability. However, insurance companies frequently try to minimize payouts through various tactics:
Common Insurance Strategies
- Questioning the severity of injuries
- Arguing the victim provoked the dog
- Claiming the owner had no knowledge of aggressive tendencies
- Offering quick, low-ball settlements
Protecting Your Interests
Having experienced legal representation levels the playing field when dealing with insurance companies. Austin personal injury lawyers understand these tactics and can negotiate effectively on your behalf.
When to Contact an Attorney
While not every dog bite requires legal action, certain situations warrant professional legal guidance:
- Serious injuries requiring extensive medical treatment
- Permanent scarring or disfigurement
- Injuries to children
- Disputes about liability or the circumstances of the attack
- Insurance company denial or inadequate settlement offers
- Complex cases involving multiple parties
The Legal Process for Dog Bite Claims
Understanding what to expect in a dog bite case can help you make informed decisions:
Investigation Phase
Your attorney will gather evidence, interview witnesses, review medical records, and investigate the dog’s history and the owner’s knowledge of any aggressive tendencies.
Negotiation
Most dog bite cases are resolved through settlement negotiations with insurance companies. Experienced attorneys know how to value these claims properly and negotiate effectively.
Litigation
If a fair settlement cannot be reached, filing a lawsuit may be necessary. Texas courts have specific procedures for dog bite cases that require knowledgeable legal representation.
Prevention and Community Safety
While legal remedies exist for dog bite victims, prevention remains the best protection:
For Dog Owners
- Properly socialize and train dogs
- Follow Austin’s leash laws and animal control ordinances
- Secure property with appropriate fencing
- Be honest about your dog’s temperament with visitors
For the Public
- Ask permission before approaching unfamiliar dogs
- Avoid startling or cornering dogs
- Teach children appropriate behavior around animals
- Report aggressive dogs to authorities
Frequently Asked Questions
What should I do immediately after a dog bite in Austin?
Seek medical attention first, even for minor-seeming bites. Then document the incident with photos, get the owner’s contact information, collect witness details, and report the bite to Austin Animal Services. Contact an experienced attorney before speaking with insurance companies.
How long do I have to file a dog bite lawsuit in Texas?
Texas has a two-year statute of limitations for personal injury claims, including dog bites. However, it’s best to consult with an attorney as soon as possible to preserve evidence and protect your rights.
Can I sue if the dog has never bitten anyone before?
Yes, you may still have a claim based on negligence even if the dog hasn’t bitten before. If the owner violated leash laws, failed to properly restrain the dog, or acted carelessly, they can be held liable regardless of the dog’s history.
What if I was partially at fault for provoking the dog?
Texas follows a modified comparative negligence rule. If you’re found to be less than 51% at fault, you can still recover damages, though your compensation may be reduced by your percentage of fault.
Will the dog be euthanized after a bite incident?
Not necessarily. Austin Animal Services investigates each incident individually. Factors like the severity of the bite, the dog’s history, and circumstances of the attack influence their decision. The dog will likely be quarantined for observation.
How much compensation can I receive for a dog bite injury?
Compensation varies widely based on injury severity, medical costs, lost wages, and long-term impacts. Serious bites requiring surgery or causing permanent scarring can result in significant settlements or verdicts.
What if the dog owner doesn’t have insurance?
You may still have options for recovery, including pursuing the owner’s personal assets or exploring other insurance coverage. An attorney can help identify all potential sources of compensation.
Protecting Your Rights After a Dog Attack
Dog bite injuries can have lasting physical and emotional consequences. While no amount of money can undo the trauma of a dog attack, fair compensation can help cover medical expenses, lost wages, and other damages while holding negligent owners accountable.
If you’ve been bitten by a dog in Austin, don’t face the legal challenges alone. The experienced attorneys at Lee, Gober & Reyna understand Texas dog bite laws and have successfully helped numerous victims recover compensation for their injuries.
Our team provides compassionate, knowledgeable representation while you focus on healing. We work on a contingency fee basis, meaning you don’t pay attorney fees unless we recover compensation for you.
Contact Lee, Gober & Reyna today for a free consultation about your dog bite case. Let us help you understand your rights and pursue the justice and compensation you deserve.