Key Takeaways: What Every Dog Bite Victim Should Know
- Texas follows the “One Bite Rule”: you must prove the dog owner knew or should have known their dog was dangerous through prior aggressive behavior or circumstances.
- Houston ranked second nationwide for postal worker dog attacks according to the US Postal Service’s 2023 report, with 56 Postal Service employees in Houston attacked by dogs while delivering, while Texas ranked second statewide with 404 incidents.
- Average dog bite settlements reached $64,555 in 2022 according to the Insurance Information Institute. It is nearly $15,000 more than the previous year.
- You have two years to file a dog bite claim in Texas under Texas Civil Practice and Remedies Code Section 16.003, which states a person must bring suit for personal injury not later than two years after the day the cause of action accrues.
- Homeowners insurance typically covers dog bite injuries, but coverage limits may be as low as $25,000, even when the main liability policy is much higher.
- Dog Bite Lawyer Paul H. Cannon of Simmoons and Fletcher, P.C., is Board Certified in Personal Injury Trial Law in Texas and has over 30 years of experience handling cases and teaching other attorneys.
Get legal help from an experienced Houston dog bite attorney today. Contact us for a free consultation to discuss your dog attack case with no obligation.
Why Choose Simmons & Fletcher After a Dog Bite in Houston?
If you’ve been attacked by a dog in Houston, Harris County, or anywhere in Texas, you need experienced dog bite lawyers who understand both the physical and emotional trauma you’re facing. At Simmons & Fletcher, P.C., our dedicated Houston dog bite attorneys have been fighting for dog bite victims since 1979, securing meaningful compensation while you focus on healing.
What sets our Houston dog attack lawyers apart:
- Nearly 45 years serving Texas dog bite victims with a track record of successful settlements and verdicts,
- Board-certified personal injury trial attorney. Paul H. Cannon is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has been since 2005. He has also taught national continuing legal education courses to teach other attorneys how to handle dog bite cases.
- Recognized by Thomson Reuters as Texas Super Lawyers and Rising Stars for our excellence in personal injury law.
- No upfront costs or attorney fees unless we win your dog bite case. You pay nothing until we recover compensation for you.
- Talk to the law firm the legal reporters call for advice: Partner Paul H. Cannon has been the featured legal consultant to several news stories about dog attack cases like the one below:
How We Can Help You
If we accept your Houston dog bite case, our compassionate dog bite attorneys will:
- Provide a thorough free case evaluation to understand your situation.
- Investigate your dog attack claim and gather crucial evidence.
- Work with medical experts and witnesses to strengthen your case.
- Handle all negotiations with insurance companies on your behalf.
- Fight for maximum compensation for your medical bills, lost wages, and pain and suffering.
- Take your case to trial if necessary to secure fair compensation.
Contact our Houston dog bite lawyers today at (713) 932-0777 for your free consultation. Let us help you understand your rights and pursue the compensation you deserve.
Dog Bite Client Testimonial Video
An actual client of Simmons and Fletcher, P.C., discusses how our firm helped him recover after he lost a finger in a dog attack that occurred at a coworker’s home. Hear why he chose Simmons and Fletcher, and why he is glad that he did.
Some of Our Dog Bite Case Results:
Dog Bite Case Results:
The value of a dog bite case is often limited by the amount of homeowner’s insurance coverage. Below are some of our recent case results from dog bite cases in Houston, Texas:
- Our dog bite attorneys recovered the full $300,000 policy limit for an Amazon delivery driver who was attacked by a customer’s dog while approaching the home to deliver a package. After conducting a detailed investigation, we uncovered a neighbor who had been attacked by the same dog, which established that the owner was aware they had a dangerous dog and was strictly liable for its actions.
- In a recent case, we recovered $280,000 for a gentleman who was attacked by a dog while our client was riding his bicycle down the street. The owner had the dog on a leash but failed to restrain it. As a result, he suffered from a bite to his shin that left permanent scars.
- We recovered a $300,000.00 Houston dog bite settlement when our client, a child, was attacked while playing in the neighborhood. He suffered from numerous stitches to the scalp and scarring around the sides of the face. Total medical expenses for emergency care were $10,018.60 after Medicaid payments. After filing a lawsuit and conducting some necessary discovery, Paul Cannon made a time-limited demand to the defendant’s homeowner’s insurance company, demanding that they pay their full policy limits of $300,000.00 to settle the case.
- In another case, we recovered a $300,000 settlement after our client was attacked by a friend’s dog while visiting the friend’s home. He had bite marks on his forehead, scalp, cheek, and nose, requiring surgery and stitches. Attorney Paul Cannon filed a lawsuit and took depositions of the defendant’s acquaintances, who testified that the defendants had not only been made aware of prior incidents but had given others warnings about the dog’s aggression. The defendant’s insurer then agreed to pay the full 300,000 policy limits.
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Dog Bite Injuries in Houston & Texas
Dog attacks remain a serious public safety concern throughout Houston and Texas. Understanding the scope of the problem and the laws that govern these cases is essential for protecting your rights after a dog bite injury.
Recent Dog Bite Statistics
Houston faces significant challenges with dog bite incidents. According to the United States Postal Service’s 2023 report, Houston had 56 Postal Service employees attacked by dogs while delivering, ranking the city second nationwide for postal worker attacks. Another report from the Postal Service revealed that Texas ranked second nationally among states with 404 incidents in 2022.
These statistics reflect broader patterns affecting residents throughout the Greater Houston area. According to the Centers for Disease Control and Prevention, an estimated 4.7 million dog bites occur each year in the United States, with 885,000 seeking medical care and nearly 370,000 seen in emergency departments. From downtown Houston to suburban neighborhoods in Harris County, dog attacks continue to cause serious injuries requiring immediate medical attention and often resulting in significant medical expenses.
Dog bite victims face not only physical injuries but also emotional trauma that can last for years. Children are highly vulnerable to dog bites and make up a large percentage of dog bite victims, accounting for approximately 70% of all bite-related fatalities.
Texas Dog Bite Laws Explained
Texas follows what’s known as the “One Bite Rule” rather than strict liability for dog bite cases. This means that simply owning a dog that bites someone does not automatically make the owner liable for damages.
To succeed in a Houston dog bite claim, you must prove two key elements:
- Prior aggressive behavior: The dog had previously acted aggressively toward a human being;
- Owner knowledge: The dog owner knew about the prior aggressive incident.
If there’s no evidence of prior aggression toward humans, you can still recover compensation by proving the circumstances should have put the owner on notice that their normally non-aggressive dog would become dangerous under those specific conditions.
Texas also has “Dangerous Dog Laws” under the Texas Health and Safety Code, Title 10, Chapter 822. These regulations apply specifically to dogs that have made unprovoked attacks on persons that cause bodily injury and occur in places other than enclosures.
Need help understanding how Texas dog bite laws apply to your case? Contact our experienced Houston dog bite attorneys for a free legal consultation.
Who Can Be Held Liable for a Dog Bite?
Determining liability in Houston dog bite cases requires examining who had control of the dog and whether they should have known about the danger the animal posed.
Owners, Landlords & Property Managers
Several parties may be held responsible for a dog attack in Texas:
- Dog owners: The primary party responsible if they knew or should have known about their dog’s aggressive tendencies;
- Property owners: May be liable under premises liability laws if they allowed a dangerous dog on their property;
- Landlords: Can be held responsible if they knew tenants had aggressive dogs and failed to take action;
- Property managers: May bear liability if they controlled access to areas where dangerous dogs were kept.
In Texas, anyone who owns, possesses, or controls a dog that bites someone may be liable for damages if the dog has bitten before or if circumstances made the person aware that their dog was likely to bite under those specific conditions.
Negligence vs. Strict Liability Theories
Texas dog bite law primarily operates under negligence theory rather than strict liability. This means:
Negligence Theory: You must prove the dog owner failed to exercise reasonable care in controlling their animal. Common examples include:
- Leaving an aggressive dog unrestrained while strangers enter the home;
- Failing to secure gates, latches, or fence boards that allow the dog to escape;
- Not keeping the dog on a leash in public areas;
- Allowing strangers near a dog that recently gave birth or had surgery.
Negligent Handling: This occurs when a dog owner fails to prevent their dog from biting in situations where facts should have made a reasonable owner aware the dog was likely to attack.
What to Do After a Dog Bite
Your actions immediately following a dog attack can significantly impact both your health and your legal rights. Taking the right steps protects you medically and legally.
Immediate Medical Steps & Reporting
After a dog bite in Houston, prioritize these critical steps:
- Seek immediate medical attention even for seemingly minor bites. Dog mouths contain bacteria that can cause serious infections;
- Clean the wound thoroughly with soap and water if possible before reaching medical care;
- Report the attack to animal control. In Houston, contact BARC (Bureau of Animal Regulation and Care) for incidents within city limits or Harris County Animal Control for attacks outside city limits;
- Follow all medical treatment and attend follow-up appointments as directed by healthcare providers.
Medical providers will document your injuries and their severity, creating crucial evidence for your dog bite claim. They’ll also assess infection risk and determine if rabies exposure is a concern.
Gathering Evidence & Witness Statements
Strong evidence significantly improves your chances of recovering compensation:
- Photograph your injuries immediately after the attack and throughout your healing process;
- Document the attack location with photos showing where the incident occurred;
- Get witness contact information and written statements from anyone who saw the attack;
- Identify the dog and owner and obtain their contact and insurance information;
- Keep detailed records of all medical treatment, expenses, and time missed from work;
- Preserve physical evidence such as torn clothing or other items damaged in the attack.
Get legal help immediately after your dog attack. Our Houston dog bite lawyers can help preserve evidence and protect your rights from day one.
Common Dog Bite Injuries & Complications
Dog attacks can result in severe and life-altering injuries, particularly when large or aggressive dogs are involved. Understanding the full scope of potential injuries helps ensure you receive appropriate medical care and legal compensation.
Physical Injuries: Punctures, Lacerations, Scarring
Dog bite victims commonly suffer these physical injuries:
- Puncture wounds: Deep holes created by dog teeth that can damage internal organs, ligaments, and tendons;
- Lacerations: Tearing injuries that may require extensive stitching or reconstructive surgery;
- Scarring and disfigurement: Permanent changes to appearance, especially concerning facial attacks;
- Bone fractures: Particularly in children and elderly victims who may have more fragile bones;
- Severed digits: Loss of fingers or toes requiring emergency surgery and possible amputation;
- Degloving injuries: When skin is completely stripped away from underlying tissue;
- Torn tendons and ligaments: Damage affecting long-term mobility and function;
- Nerve damage: Leading to permanent numbness, weakness, or loss of function.
Infection Risks & Rabies Concerns
Beyond immediate physical trauma, dog bite victims face serious secondary health risks:
Infection complications: Dog mouths harbor numerous bacteria that can cause life-threatening infections. According to the National Center for Biotechnology Information, infections due to bacterial pathogens are estimated to occur in approximately 16% of cases. Even minor-appearing bites can lead to:
- Cellulitis and soft tissue infections;
- Sepsis requiring hospitalization;
- Bone and joint infections that require long-term antibiotic treatment.
Rabies exposure: Though rare in domestic dogs, rabies remains a fatal concern requiring immediate post-exposure prophylaxis when exposure risk exists.
Psychological trauma: Many dog bite victims experience lasting emotional effects, including fear of animals, anxiety, depression, and post-traumatic stress disorder that requires professional counseling and treatment.
Damages & Compensation in Dog Bite Cases
Texas law allows dog bite victims to recover various types of compensation when we successfully prove the owner’s liability under the One Bite Rule or negligence theory.
Economic Damages
Economic damages compensate for your actual financial losses:
- Medical expenses: Emergency room visits, surgeries, reconstructive procedures, physical therapy, medications, and ongoing treatment;
- Future medical costs: Anticipated surgeries, scar revision procedures, and long-term care requirements;
- Lost wages: Income lost due to time away from work for medical treatment and recovery;
- Reduced earning capacity: If your injuries prevent you from returning to your previous job or limit your work capabilities;
- Property damage: Replacement or repair of clothing, personal items, and other property damaged in the attack.
Non-Economic & Punitive Damages
Non-economic damages compensate for intangible losses:
- Pain and suffering: Physical discomfort and emotional distress caused by your injuries;
- Mental anguish: Anxiety, depression, and psychological trauma resulting from the dog attack;
- Disfigurement and scarring: Compensation for permanent changes to your appearance;
- Loss of enjoyment of life: Inability to participate in activities you previously enjoyed due to your injuries.
Punitive damages may be available in cases involving particularly egregious conduct by the dog owner, such as knowingly keeping an extremely dangerous animal or intentionally allowing an attack to occur.
How Much Is My Houston Dog Bite Case Worth?
According to the Insurance Information Institute, the average cost per claim increased 31.7 percent in 2022 to $64,555 from $49,025 in 2021. However, your specific case value depends on numerous factors unique to your situation.
Key factors affecting your Houston dog bite case value include:
- Insurance coverage: Available homeowner’s or renter’s insurance policy limits;
- Injury severity: Extent of physical injuries and required medical treatment;
- Scarring location: Facial and visible scarring typically result in higher compensation than to other parts of the body;
- Victim demographics: Age, occupation, and life expectancy affect damage calculations;
- Dog’s history: Prior attacks strengthen your liability case;
- Attack circumstances: Whether the victim provoked the dog or was lawfully present;
- Medical costs: Past and future treatment expenses including reconstructive surgery;
- Lost income: Time away from work and reduced earning capacity;
- Emotional impact: Psychological trauma and its effect on quality of life.
Our experienced Houston dog bite attorneys will thoroughly evaluate all aspects of your case to demand maximum compensation for your injuries and losses.
Find out what your dog bite case could be worth. Contact our Houston dog attack lawyers for a free case evaluation and honest assessment of your claim.
Statute of Limitations & Filing Deadlines
Texas law gives dog bite victims a limited time to file their personal injury lawsuit. Under Texas Civil Practice and Remedies Code Section 16.003, a person must bring suit for personal injury not later than two years after the day the cause of action accrues.
Missing this deadline typically bars you from recovering any compensation, regardless of how strong your case might be. However, certain circumstances may extend or modify this deadline:
- Minor victims: The two-year period may not begin until the child turns 18;
- Discovery rule: In rare cases involving concealed injuries or delayed symptom onset;
- Defendant’s absence: If the dog owner leaves Texas to avoid legal proceedings.
Don’t wait to protect your rights. Evidence disappears quickly, and witness memories fade. Starting your case promptly allows our Houston dog bite attorneys to preserve crucial evidence and build the strongest possible claim.
Act quickly to preserve your legal rights. Contact our dog bite lawyers immediately for a free consultation about your Houston dog attack case.
Related Resources
- What Happens When I Report a Dog Bite in Texas: Learn about the investigation process and why timely reporting is crucial for your claim.
- What Should I Do Immediately After A Dog Attack: Step-by-step guidance on protecting your health and legal rights after an attack.
- Can Dog Bites Cause Permanent Injuries?: Understand the long-term physical and psychological consequences of dog attacks.
- Dog Bite Insurance Issues in Texas Cases: Navigate insurance coverage limitations and collection challenges in dog bite claims.
- German Shepherd Attack Lawyer: Specialized guidance for attacks involving German Shepherds and other aggressive breeds.
- Montgomery County Animal Control Phone Numbers: Find the right animal control contact information for reporting attacks in Montgomery County.
- Galveston Area Animal Control Phone Numbers: Contact information for reporting dog bites in Galveston County communities.
- Katy Municipal Codes Pertaining to Dog Bite Law: Understand local leash laws and dangerous dog regulations in Katy, Texas.
- What Damages Are Available in A Personal Injury Case: Comprehensive guide to economic and non-economic damages you can recover after a dog bite injury.
- How to declare a dog dangerous in Houston: A guide to help you navigate the process of petitioning the courts to declare a dog dangerous.
Dog Bite FAQs
Do I Need a Police Report to File a Claim?
While a police report isn’t always required to file a dog bite claim, having official documentation strengthens your case significantly. Police reports provide objective documentation of the incident and often include witness statements and initial injury assessments. However, you can still pursue compensation without a police report if you have other evidence such as medical records, photographs, and witness testimony.
Can I Recover If I Was On the Owner’s Property?
Yes, you may still recover compensation even if the dog attack occurred on the owner’s property. Your legal status matters: if you were lawfully present as an invitee (guest, service provider, delivery person), the owner still has a duty to protect you from dangerous animals they know to be aggressive. However, if you were trespassing, recovery becomes more difficult but may still be possible in certain circumstances.
Will Homeowners Insurance Cover My Dog Bite Injury?
Most homeowner’s and renter’s insurance policies provide liability coverage for dog bite injuries. However, coverage limitations may apply. Some policies limit dog bite coverage to as little as $25,000 even when the main liability policy provides much higher limits. Additionally, certain dog breeds may be excluded from coverage entirely. Our attorneys will investigate all available insurance coverage to maximize your potential recovery.
