Austin Dog Bite FAQ: Your Dog Attack Questions Answered by RRK Law

Is Texas a strict liability state for dog bites?

Texas follows a modified strict liability rule for dog bites, often called the "one-bite rule." Dog owners are strictly liable for injuries if they knew or should have known the dog had dangerous propensities—meaning the dog previously bit someone, acted aggressively, or had a history of threatening behavior.

If the owner knew the dog was dangerous, you don't have to prove the owner was negligent—the owner is automatically liable.

However, if the dog has no prior history, you must prove the owner was negligent (failed to control the dog, violated leash laws, etc.).

Texas also has strict liability under negligence per se if the owner violated local leash laws, animal control ordinances, or other safety regulations.

What damages can I recover from a dog bite in Texas?

In Texas dog bite cases, you can recover:

Economic damages:

• Medical expenses (ER visits, surgeries, reconstructive procedures)
• Rabies treatment, antibiotics, and medications
• Physical therapy and rehabilitation
• Future medical care for scarring or disfigurement
• Lost wages during recovery
• Loss of earning capacity if permanently disabled

Non-economic damages:

• Pain and suffering
• Emotional distress and psychological trauma (PTSD, fear of dogs)
• Disfigurement and scarring, particularly on visible areas like the face
• Loss of enjoyment of life

Children who suffer dog bites often require long-term psychological counseling. Scarring on the face, neck, or other visible areas can justify significant compensation, especially for children whose scars may affect them for life.

How long do I have to file a dog bite claim in Texas?

Texas law imposes a two-year statute of limitations for personal injury claims from dog bites, starting from the date of the attack.

For dog bite cases involving children, the two-year clock typically doesn't start until the child turns 18, giving them until age 20 to file a claim.

However, it's critical to act quickly:

• Animal control records may be lost or destroyed
• Witnesses' memories fade
• The dog may be relocated or euthanized before its history can be documented
• Medical records must be gathered promptly
• Homeowner's insurance claims have strict reporting deadlines

Contact an attorney immediately after a dog attack to preserve evidence and protect your rights.

What if the dog has never bitten anyone before?

Even if the dog has no prior bite history, you can still recover damages by proving the owner was negligent. Common grounds for negligence include:

• Violating local leash laws or animal control ordinances (negligence per se)
• Failing to properly restrain or control the dog
• Allowing a dog known to be aggressive or territorial to roam free
• Failing to post warning signs about a dangerous dog
• Negligent training or socialization
• Keeping a dangerous breed without adequate precautions
• Allowing children to interact with an unpredictable dog unsupervised

Your attorney will investigate whether the owner violated any laws or failed to exercise reasonable care, even if the dog never bit before. Additionally, if the dog showed any prior aggressive behavior—growling, lunging, snapping—this can establish the owner's knowledge of dangerous propensities.

What should I do immediately after a dog bite?

After a dog bite in Austin:

1. Seek immediate medical attention—dog bites can cause serious infections, nerve damage, and require rabies evaluation
2. Report the attack to Austin Animal Services (311) or local animal control to create an official record
3. Get the dog owner's contact information, insurance information, and veterinary records showing rabies vaccination
4. Take photos of your injuries, the dog, and the location where the attack occurred
5. Get contact information from any witnesses
6. Document torn clothing and any damaged property
7. Keep detailed records of all medical treatment, prescriptions, and expenses
8. Do NOT sign any settlement or release forms from the dog owner or their insurance without consulting an attorney
9. Follow all medical advice including wound care, antibiotics, and psychological counseling
10. Contact an experienced Austin dog bite attorney before giving statements to insurance companies

Can I sue if I was bitten on the dog owner's property?

Yes, in most cases you can sue even if bitten on the dog owner's property, as long as you were lawfully present.

You're considered lawfully present if you were:

• Invited as a social guest
• Making a delivery (mail carrier, package delivery, etc.)
• Performing work on the property (contractor, repair person)
• A child playing in the neighborhood (special protections for children)
• Performing official duties (police, fire, code enforcement)

The dog owner cannot escape liability simply because the attack occurred on their property.

However, if you were trespassing, your claim may be barred unless the owner intentionally sicced the dog on you. Additionally, if there were clear warning signs about a dangerous dog and you voluntarily assumed the risk, your recovery may be limited.

What if I was bitten by a neighbor's dog in my own yard?

If a neighbor's dog entered your property and attacked you, you have a very strong liability case. The dog owner is clearly responsible because:

• They failed to control their dog
• The dog trespassed onto your property
• You had every right to be in your own yard without fear of attack
• Most local ordinances require dogs to be leashed or contained

This scenario often involves clear negligence per se if the owner violated leash laws or allowed the dog to roam freely. Document the attack thoroughly, report it to animal control immediately, and consult with an attorney. These cases often result in favorable settlements because liability is clear and homeowner's insurance typically covers dog bite claims.

What injuries are common in dog bite cases?

Common dog bite injuries include:

• Puncture wounds and lacerations (requiring stitches or surgical repair)
• Nerve damage (permanent loss of sensation or function)
• Infections (cellulitis, sepsis, MRSA, Pasteurella)
• Scarring and disfigurement (especially on the face, neck, hands)
• Facial injuries requiring reconstructive surgery
• Broken bones or fractures from powerful bite force
• Tendon and ligament damage
• Psychological trauma (PTSD, anxiety, fear of dogs)
• Rabies exposure requiring prophylaxis treatment
• In severe attacks, amputations or wrongful death

Children are particularly vulnerable to facial injuries because their heads are at the level of many dogs' mouths. Large breeds like pit bulls, German Shepherds, and Rottweilers can cause catastrophic injuries due to their bite force.

Who pays for dog bite injuries—the owner or their insurance?

Most dog bite claims are paid through the dog owner's homeowner's insurance or renter's insurance policy. These policies typically include liability coverage that extends to dog bites, usually with limits of $100,000 to $500,000.

However, some insurance companies exclude certain dog breeds (pit bulls, Rottweilers, Dobermans) from coverage.

If the owner has no insurance or inadequate coverage, you may recover from:

• The dog owner's personal assets
• An umbrella liability policy if they have additional coverage
• A landlord or property owner if they knew about a dangerous dog and failed to take action
• In rare cases, criminal restitution if the attack resulted in criminal charges

An experienced dog bite attorney will identify all potential sources of compensation.

Are certain dog breeds more dangerous?

Statistics show that certain breeds are involved in more serious attacks:

• Pit bulls and pit bull mixes (majority of fatal dog attacks)
• Rottweilers
• German Shepherds
• Mixed-breed dogs with fighting breed ancestry
• Huskies and Mastiffs

However, in Texas, you generally cannot win a case based solely on breed. The law focuses on whether this specific dog had dangerous propensities or the owner was negligent, not breed stereotypes.

That said, if an owner keeps a breed known for aggression without adequate training, socialization, or restraint, this can be evidence of negligence. Many insurance companies refuse to cover certain breeds or charge higher premiums, recognizing the increased risk.

What if the dog that bit me was a stray or has no owner?

If bitten by a stray dog with no identifiable owner, your options are limited but not impossible. You may recover from:

• Your own homeowner's or renter's insurance if you have medical payments coverage
• A property owner or landlord if they knew about a stray dog on their property and failed to take action
• A person who had been feeding or caring for the stray (they may be considered a de facto owner)
• In some cases, the person who abandoned the dog if they can be identified

Even without compensation, it's critical to report the attack to animal control so the dog can be located and tested for rabies. If the dog cannot be found and tested, you may need to undergo rabies prophylaxis treatment.

Can I be held liable if my dog bites someone in Texas?

Yes, as a dog owner in Texas, you can be held liable if your dog bites someone. You're liable if:

• Your dog previously bit someone or showed dangerous propensities and you failed to prevent another attack
• You violated local leash laws or animal control ordinances
• You negligently failed to control or restrain your dog
• You knew your dog was aggressive but didn't warn others or take adequate precautions
• Your dog injured someone who was lawfully present on your property

To protect yourself:

• Maintain adequate homeowner's or renter's insurance
• Keep your dog leashed or in a secure fence
• Socialize and train your dog properly
• Warn visitors if your dog is territorial or nervous
• Post warning signs if required
• Supervise interactions between your dog and children

If your dog does bite someone, report it to your insurance company immediately—failure to report can void your coverage.

Injured in a Dog Attack in Austin?

Dog bites can cause permanent scarring, psychological trauma, and serious infections. Don't let insurance companies minimize your injuries or deny your claim. Contact RRK Law at 512-436-2779 for a free consultation. We handle dog bite cases throughout Travis County.

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