Texas takes dangerous dogs seriously. If a dog attacks or threatens someone without provocation, the state has a formal process for classifying that animal as “dangerous” and holding its owner to a strict set of legal requirements. Learning about how these laws work can make a real difference in terms of your ability to recover compensation after a dog bite incident.
The rules are primarily found in Chapter 822, Subchapter D of the Texas Health and Safety Code. Continue reading for the information you should know, and contact a dog bite attorney for a free consultation if you need help.
How Does Texas Law Define a Dangerous Dog?
Under Texas Health and Safety Code § 822.041, a dog can be classified as dangerous if it meets either of two criteria:
- It made an unprovoked attack on a person that caused bodily injury, and the attack occurred outside of a secure enclosure
- It committed unprovoked acts outside a secure enclosure that caused a person to reasonably believe the dog would attack and injure them
The word “unprovoked” matters here. If the victim was provoking the dog before the incident in some way, such as by taunting the animal, the dangerous designation may not apply. Trespassing can also serve as a defense for the owner.
Requirements for Owners of Dangerous Dogs in Texas
Once a dog is officially classified as dangerous, the owner has 30 days to meet a strict set of requirements under state law. These include:
- Register the dog with the local animal control authority
- Keep the dog restrained at all times, either on a leash under a person’s direct control or inside a secure enclosure
- Carry at least $100,000 in liability insurance to cover damages from a potential attack
- Follow any additional regulations imposed by the local municipality or county
If the owner can’t meet these requirements within that window, they must turn the dog over to animal control. Owners who fail to comply risk having the dog seized by court order and potentially destroyed. They also have the right to appeal a dangerous dog designation within 15 days of receiving notice.
What Should I Do if I’ve Been Attacked by a Dog in Texas?
If you or someone you know has been bitten or attacked by a dog in Texas, there are steps you can take to protect both your health and your legal rights:
- Seek medical attention right away, even if the wound seems minor
- Report the attack to your local animal control authority
- Document your injuries with photos and save all medical records
- Get the dog owner’s name, address, and insurance information if you can
- Speak with a personal injury attorney before accepting any settlement offers from an insurance company
Texas generally requires personal injury lawsuits to be filed within two years after the claim accrues, although exceptions may affect the deadline in a particular case. An experienced attorney can evaluate the available evidence and determine which legal theories may apply.
Contact a Texas Dog Bite Lawyer To Schedule a Free Consultation
Texas dangerous dog laws are intended to protect the public and impose requirements on owners whose dogs have been legally classified as dangerous. If you were injured in an attack, Cal Mundell Law Firm, PLLC can investigate what happened, evaluate the owner’s conduct, and help you pursue available compensation.
Call (915) 250-0700 today to schedule a free consultation with a Texas dog bite lawyer. We have recovered millions of dollars for injured clients and are prepared to fight for you.