Dog Bites

Common Dog Bite Injuries

Dog attacks can cause severe physical injuries that require immediate medical intervention and long-term treatment. The most common injuries our clients suffer include puncture wounds that penetrate deep into tissue, creating infection risks and potential nerve damage. Lacerations and torn tissue often require surgical repair and leave permanent scarring.

Facial injuries are particularly devastating, especially for children, as they may require multiple reconstructive surgeries and can cause lasting psychological impacts. Broken bones occur when large dogs knock victims to the ground or apply crushing force with their jaws. Nerve damage can result in permanent loss of sensation or motor function in affected areas.

Infections pose serious health risks following dog bites. Rabies, though rare, remains a potentially fatal concern when dogs are unvaccinated or their vaccination status is unknown. Tetanus, Capnocytophaga bacteria, MRSA, and Pasteurella infections commonly develop from dog bite wounds. According to the Mayo Clinic, approximately 10-15% of dog bites become infected, making prompt medical evaluation essential.

Beyond physical injuries, dog bite victims frequently experience post-traumatic stress disorder (PTSD), anxiety disorders, and phobias related to dogs or animals in general. Children who suffer dog attacks often develop lasting fears that affect their quality of life and social development. Our personal injury attorneys recognize that the full impact of a dog bite extends beyond visible scars and work to secure compensation for all physical and emotional damages.

Texas Dog Bite Laws

Texas follows a unique approach to dog bite liability that differs from many other states. Understanding these laws is crucial to pursuing successful compensation claims.

One Bite Rule: Texas traditionally follows the "one bite rule," meaning dog owners may not be held strictly liable for a dog's first bite unless they had reason to know the dog was dangerous. However, this rule is more nuanced than it appears. Evidence that an owner should have known about their dog's dangerous propensities can include previous aggressive behavior, growling or snapping at people, prior attacks on animals, or the dog's breed and training history.

Negligence Standard: Even without proof of prior dangerous behavior, dog owners can be held liable under general negligence principles. If an owner failed to exercise reasonable care in controlling their dog, they may be responsible for resulting injuries. Examples include allowing a dog to roam freely in violation of local leash laws, failing to secure a dog behind adequate fencing, or ignoring warning signs that a dog posed a danger to others.

Strict Liability for Leash Law Violations: Texas law provides for strict liability when dog owners violate local leash laws or animal control ordinances. In Lubbock, like most Texas cities, dogs must be restrained by leash when off their owner's property. Violations of these ordinances create liability regardless of the dog's prior history.

Negligence Per Se: Under Texas law, violation of animal control statutes constitutes negligence per se. When dog owners violate local ordinances designed to prevent dog attacks, they are automatically considered negligent, and victims need only prove the violation caused their injuries.

Trespassing Defense: Dog owners may avoid liability if the victim was trespassing on their property at the time of the attack. However, exceptions exist for children who may not understand property boundaries and for individuals lawfully on the property, such as mail carriers, utility workers, and invited guests.

The Texas Health and Safety Code Section 822 also addresses dangerous dogs, providing local authorities with the power to designate certain animals as dangerous and impose restrictions on their ownership.

Dangerous Dog Breeds and Breed-Specific Considerations

While any dog can bite under certain circumstances, certain breeds are statistically more likely to cause severe injuries due to their size, strength, and bite force. Our firm has handled cases involving pit bulls and pit bull mixes, Rottweilers, German Shepherds, Huskies, Doberman Pinschers, and Mastiffs, among others.

It's important to note that breed alone does not determine liability in Texas. However, evidence that an owner chose to keep a breed known for aggressive tendencies without taking appropriate precautions may support a negligence claim. The American Society for the Prevention of Cruelty to Animals (ASPCA) provides research on breed characteristics and behavior factors that contribute to dog aggression.

Factors beyond breed that contribute to dog attacks include lack of socialization, inadequate training, abuse or neglect, territorial behavior, fear or feeling threatened, pain or illness, and protecting resources like food or puppies.

Where Dog Bites Commonly Occur

Dog bites happen in various settings, each presenting unique liability considerations. Many attacks occur on the owner's property when victims visit as guests, delivery personnel, or service workers. Texas law generally protects lawful visitors from dog attacks, even on private property.

Public spaces such as parks, sidewalks, and trails see frequent dog bite incidents, particularly when owners fail to maintain control of their animals or violate leash laws. Neighbor disputes sometimes escalate when dogs repeatedly show aggression toward nearby residents, eventually resulting in attacks.

We've also represented clients bitten while visiting dog parks, during pet adoption events, and even in retail establishments that allow dogs. Each scenario requires careful analysis of applicable laws, ordinances, and the duties owed by property owners and dog owners alike.

Liability in Dog Bite Cases

Determining liability in dog bite cases requires thorough investigation and application of Texas legal principles. Multiple parties may share responsibility for a dog attack.

Dog Owners: The dog's owner bears primary responsibility in most cases. Owners have a duty to reasonably control their animals and prevent foreseeable harm to others. This duty extends to ensuring adequate restraint, proper training, and warning others when their dog poses potential danger.

Property Owners: Under premises liability law, property owners who are not the dog's owner may still be liable if they knew or should have known that a dangerous dog was present on their property and failed to take appropriate precautions to protect visitors.

Landlords: Property owners who rent to tenants with dangerous dogs may face liability if they knew about the dog's dangerous propensities and had the authority to remove the animal but failed to act. Some lease agreements specifically address pet ownership and may create duties on landlords to enforce pet-related provisions.

Dog Keepers or Handlers: Individuals who temporarily care for dogs, such as dog walkers, pet sitters, or friends watching a pet, may be liable if they fail to exercise reasonable care in controlling the animal.

Parents or Guardians: When minors own dogs, their parents or legal guardians typically bear liability for attacks caused by those animals.

Our attorneys investigate all potential sources of liability to ensure you pursue compensation from every responsible party. This often involves reviewing homeowners insurance policies, renters insurance, and umbrella policies that may provide coverage for dog bite claims.

Compensation Available in Dog Bite Cases

Dog bite victims in Texas can pursue various forms of compensation depending on the severity of their injuries and the circumstances of the attack.

Medical Expenses: You can recover compensation for all past and future medical costs related to the dog bite, including emergency room treatment, hospitalization, surgery and reconstructive procedures, physical therapy and rehabilitation, psychological counseling, prescription medications, and follow-up care. Serious dog bites often require multiple surgeries over several years, particularly when facial injuries need staged reconstructive procedures.

Lost Wages and Earning Capacity: If your injuries prevented you from working, you can recover lost income. When permanent injuries affect your ability to perform your job, you may be entitled to compensation for diminished earning capacity.

Pain and Suffering: Texas law allows recovery for the physical pain and emotional distress caused by dog attacks. This includes compensation for the trauma of the attack itself, ongoing pain during recovery, and any lasting discomfort from scarring or permanent injuries.

Disfigurement and Scarring: Permanent scarring, particularly on visible areas like the face, hands, and arms, warrants additional compensation. These damages account for the psychological impact of disfigurement and potential effects on personal relationships and professional opportunities.

Emotional Distress and Mental Anguish: Many dog bite victims, especially children, suffer lasting psychological impacts including PTSD, anxiety, and phobias. Compensation for mental health treatment and the ongoing effects of emotional trauma is available in Texas dog bite cases.

Property Damage: If the dog damaged your clothing, glasses, phone, or other personal property during the attack, you can recover the cost of repair or replacement.

The total value of your claim depends on injury severity, permanence of scarring, impact on your daily life and career, the dog owner's degree of negligence, available insurance coverage, and whether the attack involved particularly egregious circumstances. Similar to how we approach catastrophic injury cases, we work with experts to fully calculate the lifetime cost of your injuries.

Steps to Take After a Dog Bite

The actions you take immediately following a dog attack can significantly impact both your health and your legal claim. Following these steps protects your wellbeing and preserves your right to compensation.

Seek Immediate Medical Attention: Even seemingly minor dog bites require medical evaluation due to infection risks. Visit an emergency room or urgent care facility as soon as possible. Medical professionals will clean the wound, assess damage, administer necessary vaccinations, prescribe antibiotics if needed, and document your injuries for legal purposes.

Report the Attack: Contact Lubbock Animal Services or local law enforcement to report the dog bite. An official report creates a record of the incident and alerts authorities to a potentially dangerous animal. This documentation becomes crucial evidence in your case.

Document Everything: Take photographs of your injuries from multiple angles immediately after the attack and throughout your healing process. Photograph torn clothing, the location where the attack occurred, and the dog if possible. Collect contact information from witnesses who saw the attack or its aftermath. Keep all medical records, bills, and receipts related to your treatment.

Identify the Dog and Owner: Obtain the dog owner's name, address, phone number, and homeowners or renters insurance information. Determine the dog's vaccination status, particularly regarding rabies. Learn whether the dog has any history of prior aggressive behavior or attacks.

Preserve Evidence: Keep damaged clothing and personal items. Do not wash away blood or clean torn fabric, as these items may serve as evidence. Take photos before securing them for potential use in legal proceedings.

Follow Medical Advice: Attend all follow-up appointments, complete prescribed antibiotic courses, and follow wound care instructions precisely. Gaps in treatment give insurance companies ammunition to argue your injuries weren't serious or were aggravated by your failure to follow medical advice.

Avoid Contact with the Dog Owner: Do not discuss the incident with the dog owner or their insurance company without first consulting an attorney. Insurance adjusters often contact victims quickly, hoping to obtain recorded statements or quick settlements before victims understand the full extent of their injuries.

Contact an Attorney: Speak with an experienced dog bite lawyer as soon as possible. Early legal involvement ensures evidence is preserved, witnesses are interviewed while memories are fresh, and insurance companies understand you're serious about pursuing fair compensation.

Children and Dog Bite Cases

Children suffer disproportionate harm from dog attacks, accounting for more than half of all dog bite victims. Young children face unique vulnerabilities including smaller size, which often results in bites to the head, face, and neck; inability to defend themselves effectively; lack of understanding about dog behavior and warning signs; and tendency to approach unfamiliar animals without caution.

The psychological impact of dog attacks on children can be profound and long-lasting. Beyond physical scars, child victims frequently develop cynophobia (fear of dogs), generalized anxiety about animals, nightmares and sleep disturbances, regression in developmental milestones, and behavioral changes including withdrawal or aggression.

Texas law provides special protections for child dog bite victims. The "attractive nuisance" doctrine may apply when dogs are left in areas accessible to children, courts often reject contributory negligence defenses when young children are injured, and parents or guardians can bring claims on behalf of minor children for both the child's injuries and the parents' own damages, including medical expenses paid and emotional distress suffered.

Our firm takes particular care with cases involving child victims, working with pediatric specialists, child psychologists, and reconstructive surgeons who understand the unique needs of young patients. We ensure that settlement calculations account for the long-term impacts of injuries sustained during childhood, including the possibility of additional surgeries as the child grows.

According to the American Academy of Pediatrics, children are at higher risk for dog bites and their injuries tend to be more severe, requiring specialized medical and psychological care.

Homeowners Insurance and Dog Bite Claims

Most dog bite claims are ultimately paid through the dog owner's homeowners or renters insurance policy. Understanding how these policies work is essential to maximizing your recovery.

Standard homeowners insurance policies typically include liability coverage that pays for injuries and damages caused by the policyholder's dog, usually ranging from $100,000 to $300,000, though some policies offer higher limits. This coverage generally pays for medical expenses, lost wages, pain and suffering, and legal defense costs if the owner is sued.

However, many insurance companies now exclude coverage for certain dog breeds deemed high-risk. Some policies completely exclude pit bulls, Rottweilers, and other breeds, while others impose special conditions or higher premiums for coverage of these animals. Insurance companies may also deny coverage if they can prove the owner knew or should have known about the dog's dangerous propensities but failed to disclose this information when obtaining coverage.

Our attorneys thoroughly investigate available insurance coverage, review policy language for exclusions or limitations, challenge wrongful coverage denials, and pursue bad faith claims when insurers unreasonably deny valid claims. When insurance coverage is insufficient or unavailable, we explore other avenues for recovery, including the owner's personal assets.

Defenses Dog Owners May Raise

Dog owners and their insurance companies often attempt to avoid liability by raising various defenses. Understanding these defenses allows us to proactively address them in building your case.

Provocation: Owners frequently claim the victim provoked the attack through teasing, hitting, or threatening the dog. While provocation can reduce or eliminate liability, Texas courts apply this defense narrowly, particularly when children are involved, as young children cannot fully understand how their actions might be perceived as threatening by animals.

Trespassing: Property owners may avoid liability if you were unlawfully on their property when bitten. However, this defense fails when you had express or implied permission to be present, when you were performing lawful duties like delivering mail, or in cases involving young children who may not understand property boundaries.

Assumption of Risk: Owners might argue you voluntarily accepted the risk of being bitten, such as when entering a clearly marked area where a dog was present. This defense rarely succeeds unless you had actual knowledge of the specific danger and chose to proceed anyway.

Comparative Negligence: Under Texas comparative fault rules, defendants may argue your own negligence contributed to the attack. Even if partially successful, this defense only reduces your recovery rather than eliminating it entirely, provided your fault doesn't exceed 50%.

Our attorneys anticipate these defenses and gather evidence to refute them, including witness testimony about the circumstances of the attack, expert opinions on dog behavior, video footage when available, and documentation of the owner's negligence in controlling the animal.