Children are the most frequent victims of dog bite injuries in the United States. According to the Texas Department of State Health Services, children account for roughly half of all dog bite victims, with kids under the age of nine facing the greatest risk. What makes these injuries especially concerning for parents is that they often happen at home, with a dog the child already knows.
Learning about how Texas law handles dog bite cases is important if your child has been injured in an attack. There are specific rules around liability, filing deadlines, and compensation that every parent should be aware of.
Why Are Children at Greater Risk of Dog Bite Injuries?
Young children are more vulnerable to serious dog bite injuries for a few key reasons. For one, their smaller stature puts their head, face, and neck directly in range of a dog’s mouth. Research published in the Journal of Pediatric Surgery found that over 92% of pediatric dog bite injuries in a Central Texas study involved the head and neck region, with more than 72% classified as major in severity.
Children also lack the ability to read a dog’s body language and may unintentionally provoke an animal by grabbing, running, or making sudden movements. Importantly, many of these attacks involve family pets or dogs belonging to friends and neighbors rather than unfamiliar animals.
When Can a Dog Owner Be Liable for a Child’s Injuries?
Texas follows what’s known as the “one-bite rule.” A dog’s owner can be held strictly liable if they knew or should have known that the dog had dangerous tendencies, such as a history of aggression or a prior bite. However, without that prior knowledge, a parent can still pursue a claim based on general negligence if the owner failed to take reasonable steps to control the animal.
Homeowners’ or renters’ insurance may provide liability coverage after a dog attack, depending on the policy and any applicable exclusions. An attorney can review the available coverage and communicate with the insurer while the family focuses on the child’s recovery.
What Is the Time Limit for Filing a Dog Bite Claim in Texas?
Texas generally imposes a two-year statute of limitations on personal injury lawsuits. Because being younger than 18 is considered a legal disability under Texas law, the limitations period for a child’s own injury claim may be suspended while the child is a minor. However, claims belonging separately to the parents, such as certain medical expenses they paid, may be subject to different deadlines. A personal injury attorney can identify the deadlines that apply to the child’s claim and any separate claims belonging to the parents.
Acting quickly is always the better approach. Evidence fades, witnesses become harder to locate, and the details of what happened grow less clear over time. Speaking with an attorney early on gives your family the best chance at a winning case.
Schedule a Free Consultation With an Experienced Texas Dog Bite Attorney
Dog bite injuries can leave children with lasting physical scars, emotional trauma, and costly medical bills. Texas law provides a path to hold the dog’s owner legally responsible in these circumstances, but navigating the process on your own can be difficult. A personal injury attorney experienced in dog bite cases can evaluate your situation and help your family pursue the compensation your child deserves.
Contact Cal Mundell Law Firm, PLLC today to schedule a free consultation and get started with your case at (915) 250-0700. We handle these cases on contingency, so you only pay attorney’s fees if we win money damages for you.