Bitten in Houston? Your Guide to Legal Recovery

Houston’s Dog Bite Crisis: Why Legal Help Matters

If you need a houston dog bite attorney, here’s what you should know immediately:

• Texas follows the “one-bite rule” – owners are liable if they knew their dog was dangerous
• You have 2 years to file a lawsuit from the date of the bite
• Most cases settle through homeowner’s insurance without going to court
• Average settlements in 2022 were $64,555 according to insurance industry data
• Free consultations are standard – no upfront costs to speak with an attorney

Houston has a serious dog bite problem. With 73.53% of residents owning dogs and the world’s highest dog-to-human ratio at 52.1 dogs per 100 people, it’s no surprise that Houston consistently ranks among the top cities for dog attacks.

The numbers tell a troubling story. The U.S. Postal Service named Houston the #1 city for attacks on postal workers in 2023. An estimated 15,000 dog bites occurred in Houston in 2021, with about 1,000 requiring medical attention. These aren’t just statistics – they represent real people facing medical bills, lost wages, and lasting trauma.

Texas dog bite law is complex. Unlike states with strict liability laws, Texas requires victims to prove either that the owner knew their dog was dangerous or that they were negligent in handling the animal. This makes having experienced legal representation crucial for recovering fair compensation.

Children face the highest risk, making up 51% of all dog bite victims according to the Humane Society. Most attacks happen with familiar dogs in the victim’s own home, making these cases emotionally difficult but legally important to pursue.

Important houston dog bite attorney terms:

• houston injury claim lawyer
• houston injury lawsuit lawyer
• houston insurance claim attorney

What to Do Immediately After a Dog Attack in Houston

Being attacked by a dog is a frightening experience, and your immediate actions can significantly impact your health and any potential legal claim. We understand the shock and pain, but taking these steps quickly is crucial.

First and foremost, your health and safety are paramount.

1. Seek Medical Care: Even if a bite seems minor, dog bites carry a high risk of infection. Wash the wound thoroughly with soap and water immediately. Then, seek prompt medical attention, especially for puncture wounds or if the skin is broken. A medical professional can assess the injury, clean it properly, and determine if stitches, antibiotics, or a tetanus shot are necessary. If the dog’s vaccination status is unknown, rabies prophylaxis may be recommended. Medical care is not just for your health; it also creates official documentation of your injuries, which is vital for any legal claim.
   • First aid for animal bites

2. Report the Bite to Animal Control: Reporting the incident to local authorities serves several purposes. It creates an official record of the attack, which can be invaluable for your legal case. It also helps protect the community from potentially dangerous animals. In Houston, you will need to file your report with the BARC Animal Shelter. You can usually do this by dialing 3-1-1 or calling (713) 837-0311 during business hours. For incidents involving postal workers, the U.S. Postal Service also maintains records, as Houston sadly leads the nation in these attacks.

   • Report a bite to BARC Animal Shelter

3. Gather Evidence: If you are able, collect as much information as possible at the scene.

   • Owner Information: Get the dog owner’s name, address, phone number, and, if possible, their homeowner’s or renter’s insurance information.
   • Witness Contacts: If anyone witnessed the attack, ask for their names and contact information. Their testimony can be critical.
   • Photograph Injuries and Location: Take clear photos of your injuries immediately after the attack, and continue to document their healing process over time. Also, photograph the location where the bite occurred, any damaged clothing, and the dog if it’s safe to do so.
   • What to Do After a Dog Bite.

Common Dog Bite Injuries

Dog bites can lead to a wide range of injuries, from minor nips to severe, life-altering trauma. The most common physical injuries include:

• Puncture wounds: These are often deeper than they appear and carry a high risk of infection.
• Lacerations and abrasions: Tears or scrapes to the skin that may require stitches.
• Scarring and disfigurement: Many bites, especially to the face, can leave permanent scars requiring reconstructive surgery.
• Nerve damage: Bites can sever or damage nerves, leading to loss of sensation or function.
• Broken bones: Strong dog jaws, particularly from larger breeds, can cause fractures.
• Infections: Dog mouths contain numerous bacteria. Infections like Capnocytophaga, tetanus, and even rabies (if the dog is unvaccinated) are serious risks. Sepsis from an untreated infection can be life-threatening.
• Tissue loss: In severe cases, bites can result in significant tissue removal, requiring grafts.

Beyond the physical, the emotional and psychological toll can be profound. Victims, especially children, often experience:

• Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, and extreme anxiety.
• Severe anxiety: A constant state of worry or fear.
• Sleeping difficulties: Insomnia or disturbed sleep due to trauma.
• Fear of animals: Developing a debilitating phobia of dogs or other animals.

These injuries can lead to extensive medical bills, lost wages, and a significant impact on your quality of life. We work tirelessly to ensure you receive compensation for all these damages.

• Compensation for Dog Bite Injuries.

Special Considerations for Child Victims

Children are disproportionately affected by dog bites, making up the majority of victims. The Centers for Disease Control and Prevention (CDC) states that dogs bite over 4.7 million people each year, with children accounting for most of these injuries. The majority of bites occur among children ages 5-9 years old, and boys are more likely to be bitten than girls.

For children, dog bites often involve the head, neck, and face, leading to more severe and disfiguring injuries. What’s particularly heartbreaking is that most dog bites affecting children are caused by familiar animals—often the family dog or a friend’s dog—with 80% happening in their own home. This can add a layer of emotional complexity to an already traumatic event.

Legally, children are often viewed differently. They may not be considered capable of “provoking” a dog in the same way an adult might, and the standard of care for supervising children around dogs is higher. The long-term psychological impact on a child can be severe, leading to lifelong fear and anxiety. Our houston dog bite attorney team understands these unique challenges and approaches child victim cases with the utmost sensitivity and dedication to their long-term well-being.

Understanding Texas Dog Bite Laws and Liability

Navigating dog bite laws in Texas can feel like untangling a particularly stubborn knot. Unlike some states with straightforward “strict liability” laws (where the owner is always responsible if their dog bites), Texas operates under a more nuanced system. This is why having an experienced houston dog bite attorney is so essential.

Texas generally follows what’s known as the “one-bite rule,” but also allows for claims based on negligence. Additionally, local ordinances in Houston can add another layer of rules, such as leash laws. Understanding how these different legal theories apply to your case is crucial for determining liability and seeking compensation.

• Dog Bite Laws in Texas.

The Texas ‘One-Bite Rule’ Explained

The “one-bite rule” in Texas means that an owner is generally not held liable for a dog’s first bite unless there’s evidence they knew or should have known the dog had dangerous propensities before that first incident. The dog gets “one free bite” before the owner is officially “on notice” of its aggressive nature.

Once a dog has bitten someone, or exhibited other aggressive behavior that puts the owner on notice of its dangerous propensities, the owner is then considered to have knowledge of the dog’s potential to harm. If the dog bites again after this knowledge is established, the owner can be held strictly liable for the subsequent injuries. This means you don’t necessarily have to prove the owner was negligent in restraining the dog; you only need to prove the dog had a dangerous propensity and the owner knew about it.

The challenge for victims often lies in proving that the owner had this “prior knowledge” of the dog’s dangerous nature. This could involve showing:

• The dog had bitten someone before.
• The dog had a history of growling, lunging, or snapping at people.
• The owner made statements acknowledging the dog’s aggressiveness.
• The dog was kept in a way that indicated the owner knew it was dangerous (e.g., a “Beware of Dog” sign).

The “one-bite rule” can be tricky because the burden of finding this evidence often falls on the victim, and the defendant may not readily admit to knowing their dog was dangerous. This is where a skilled houston dog bite attorney becomes invaluable, as they know how to uncover such evidence through investigation and findy.

• More on the “one bite” rule.

Proving Negligence in a Dog Bite Case

Even if the “one-bite rule” doesn’t strictly apply (i.e., the dog hadn’t bitten before, or you can’t prove prior knowledge), you can still pursue a claim based on negligence. To prove negligence, we must demonstrate four key elements:

1. Duty of Reasonable Care: The dog owner had a legal duty to exercise reasonable care to prevent their dog from harming others.
2. Breach of Duty: The owner failed to meet this duty. This is where “negligent handling” comes in.
3. Causation: The owner’s breach of duty directly caused your injuries.
4. Damages: You suffered actual injuries and losses as a result.

Examples of negligent actions that could lead to a dog bite claim include:

• Allowing a dog to roam freely in an unsecured area, especially if it’s known to be aggressive.
• Maintaining a faulty fence or enclosure that allows the dog to escape.
• Failing to warn visitors or others about a dog’s aggressive tendencies.
• Walking a dog off-leash in an area with leash laws. Houston has numerous leash laws in its parks (e.g., Findy Green, Levy Park, Buffalo Bayou Park, Emancipation Park, Hermann Park). Violating these laws can be strong evidence of negligence.
• Leaving an infant or toddler unattended with an unrestrained dog.
• Training a dog to be aggressive or to attack.

The Texas Department of State Health Services notes that almost half of all dog bites are provoked. However, provocation can include actions like hitting the dog, confining it, or the owner being perceived as in danger. Negligence claims focus on the owner’s failure to prevent the attack, regardless of whether the bite was “provoked” in a traditional sense.

• Dog Bite Liability in Texas.

Criminal Liability and “Lillian’s Law”

In some severe cases, a dog owner in Texas could face criminal charges in addition to civil liability. This is particularly true under “Lillian’s Law,” codified in Texas Health and Safety Code Section 822.005.

Lillian’s Law states that a dog’s owner may be charged with a felony if:

• The owner “with criminal negligence” fails to secure the dog.
• The dog attacks someone unprovoked.
• The attack occurs at a location other than the dog’s secure enclosure.
• The attack results in serious bodily injury or death.

This law was enacted after 76-year-old Lillian Stiles was tragically killed by dogs that escaped a neighbor’s yard. If a dog owner is found criminally negligent and convicted under Lillian’s Law, it can significantly strengthen a victim’s civil claim for damages, potentially leading to punitive damages intended to punish the owner for their egregious conduct. Our houston dog bite attorney team can explore all avenues, both civil and, in conjunction with prosecutors, criminal, to ensure justice is served.

• Texas Health and Safety Code Section 822.005.

The Legal Process for a Dog Bite Claim in Houston

Our primary goal is to negotiate a fair settlement that fully compensates you for your injuries and losses. If a fair settlement cannot be reached through negotiation, we are prepared to file a lawsuit and take your case to court.

What Compensation Can You Recover?

When you’ve been bitten by a dog, you shouldn’t have to bear the financial burden of someone else’s negligence. We work to recover a wide range of damages, which typically fall into two categories:

1. Economic Damages: These are quantifiable financial losses directly resulting from the dog bite.

   • Medical Bills: This includes everything from emergency room visits, ambulance fees, hospital stays, surgeries (including plastic surgery and scar revision), medications, physical therapy, and future medical care related to your injuries.
   • Lost Wages: If your injuries prevent you from working, we can seek compensation for income you’ve already lost and any future earning capacity you may lose due to long-term disability or disfigurement.
   • Property Damage: Costs to replace or repair items damaged during the attack, such as clothing or personal belongings.

2. Non-Economic Damages: These are more subjective losses that don’t have a direct monetary value but significantly impact your quality of life.

   • Pain and Suffering: Compensation for the physical pain and discomfort you endure.
   • Disfigurement and Scarring: Damages for the physical alteration of your appearance, especially if it’s permanent and impacts your self-esteem or daily life.
   • Emotional Distress/Mental Anguish: This covers psychological trauma, anxiety, fear, PTSD, and other emotional impacts resulting from the attack.
   • Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed.

In 2022, the average settlement paid by homeowners liability insurance companies for dog bites was $64,555.00. This figure highlights the significant costs associated with dog bite injuries and the importance of seeking full compensation.

How a Houston Dog Bite Attorney Proves Negligence

Proving negligence or establishing the “one-bite rule” effectively requires thorough investigation and a deep understanding of Texas law. Our houston dog bite attorney team employs a comprehensive approach:

• Investigation: We carefully investigate the incident, visiting the scene, collecting any available police or animal control reports, and examining the dog’s history.
• Gathering Evidence: This includes obtaining all your medical records and bills, photographs or videos of your injuries and the scene, and any relevant veterinary records of the dog.
• Witness Interviews: We track down and interview witnesses who saw the attack or who can attest to the dog’s prior aggressive behavior or the owner’s negligent conduct.
• Professional Testimony: In complex cases, we may consult with medical professionals to explain the extent and long-term impact of your injuries, or animal behaviorists to provide insights into the dog’s propensities and the owner’s actions.
• Proving Liability When the Owner is a Friend or Family Member: We understand the delicate nature of these situations. It’s crucial to explain to victims that dog bite claims are almost always filed against the dog owner’s homeowner’s or renter’s insurance policy, not directly against their personal assets. The purpose of these policies is precisely to cover such incidents. Our goal is to recover from the insurance company, not to cause financial hardship for your loved ones, allowing you to get the compensation you need without straining relationships.
• Navigating Insurance Company Tactics: Insurance companies are businesses, and their primary goal is to pay out as little as possible. They may try to deny liability, argue you provoked the dog, or offer a lowball settlement. We have extensive experience negotiating with insurance adjusters and are prepared to fight for the maximum compensation you deserve.

What is the Deadline for Filing a Lawsuit?

It’s critical to act quickly after a dog bite. Texas has a strict deadline, known as the statute of limitations, for filing personal injury lawsuits. According to CPRC Chapter 16, section 16003, for personal injury claims, you generally have two years from the date of the dog bite attack to file a lawsuit in civil court.

If you miss this two-year deadline, you will likely lose your right to seek compensation through the court system, regardless of the severity of your injuries or the strength of your case. This is why it’s so important to contact a houston dog bite attorney as soon as possible. We need time to investigate, gather evidence, and prepare your case properly before the deadline approaches. Don’t let a technicality prevent you from getting the justice you deserve.

• Contact Us.

Why You Need an Experienced Houston Dog Bite Attorney

• Complexity of Texas Law: As we’ve discussed, Texas’s “one-bite rule” and negligence standards are not straightforward. An attorney understands these nuances, knows how to gather the necessary evidence, and can build the strongest possible case for liability.
• Fighting Insurance Companies: Insurance adjusters are trained to minimize payouts. They may use tactics to undervalue your claim or deny it outright. We speak their language, understand their strategies, and will aggressively negotiate on your behalf to ensure you receive fair compensation for all your damages.
• Maximizing Compensation: An experienced attorney knows how to accurately calculate the full extent of your damages, including future medical costs, lost earning capacity, and the often-overlooked non-economic damages like pain, suffering, and disfigurement. We ensure no stone is left unturned in seeking the maximum possible recovery.
• Contingency Fee Basis: We believe that access to justice should not be limited by your financial situation. That’s why we work on a contingency fee basis. This means you pay no upfront fees or court costs. We only get paid if we win your case, either through a settlement or a favorable verdict. This allows you to focus on your recovery without the added stress of legal fees.

What to Look for in a Houston Dog Bite Attorney

Choosing the right legal representation is a critical decision. Here’s what we believe you should look for in a houston dog bite attorney:

• Experience with Dog Bite Cases: Look for a firm with a proven track record specifically in dog bite and animal attack cases in Texas. These cases have unique legal challenges that differ from other personal injury claims.
• Verifiable Case Results: Ask for examples of successful outcomes in similar dog bite cases. While past results don’t guarantee future outcomes, they demonstrate a firm’s capability and success in securing compensation for clients.
• Board Certification in Personal Injury: This is a significant credential. Board certification signifies that an attorney has extensive experience, passed a rigorous exam, and is recognized for their advanced knowledge in personal injury trial law by the Texas Board of Legal Specialization.
• Positive Client Reviews: Check online reviews and testimonials. What do past clients say about their communication, dedication, and results?
• Clear Communication: Your attorney should explain the legal process in plain language, keep you informed every step of the way, and be accessible to answer your questions.
• Resources to Build a Strong Case: A reputable firm should have the resources to conduct thorough investigations, engage witnesses with deep knowledge in their fields (such as medical professionals or animal behaviorists), and stand up to large insurance companies.

The Dangers of Unfamiliar Dog Breeds

While it’s true that any dog, regardless of breed, size, or temperament, can bite, some breeds are statistically associated with a higher incidence of severe injuries or fatalities due to their size, strength, and bite force. It’s not about inherent “badness” but about the potential for damage.

Research shows that while popular breeds like Labradors and Chihuahuas may have high bite frequencies in Houston, the injuries are often less significant. However, certain breeds with brachycephalic (short-nosed) heads and weights between 66-100 pounds are linked to the most severe tissue damage due to increased jaw pressure.

Here’s a general overview of breeds often cited in severe bite statistics: