Can I Claim Compensation for a Dog Bite in Texas?

Many individuals are left with painful injuries, medical bills, and unanswered questions after being bitten by a dog. In Texas, the legal path to compensation depends on several factors, including the circumstances of the incident, the dog’s history, and applicable liability laws
—making it helpful to consult with an experienced dog bite injury lawyer early in the process.

This article by Ryan Orsatti Law provides a structured overview of how someone can claim compensation for a dog bite in Texas. It covers legal standards, insurance considerations, the types of damages that may be recoverable, and the documentation needed to support a claim. Each section is designed to provide actionable information, answer common questions, and help injured parties make informed decisions about their next steps.

Legal Basis for Dog Bite Claims in Texas

Texas does not have a specific dog bite statute. Instead, liability is determined under negligence principles and the so-called “one bite rule,” derived from judicial precedent. Dog owners may be held liable in one of two ways:

• If the dog previously acted aggressively or bit someone, the owner knew or should have known about it.
• If the owner negligently controlled the animal, leading to the bite.

The first standard is based on prior knowledge of the dog’s behavior. If a dog has a documented history of aggression and injures someone again, the owner may be strictly liable for damages. The second standard applies when the bite results from the owner’s failure to prevent the dog from running loose or provoking harm.

In either case, the injured party has the burden of proof. They must establish that the dog caused the injury and that the owner either knew of the danger or failed to take reasonable steps to prevent it. Evidence such as witness statements, animal control reports, and previous complaints can strengthen the claim.

Common Injuries and Medical Costs After a Dog Bite

Dog bites often cause more than surface wounds. Victims may require emergency care, surgical treatment, and long-term rehabilitation. Infections, disfigurement, and psychological trauma are also common, particularly among children.

Injury types often include:

• Puncture wounds and lacerations
• Nerve damage
• Scarring or disfigurement
• Rabies exposure or infection
• Post-traumatic stress symptoms

Medical expenses may extend beyond the initial emergency room visit. Follow-up care, wound cleaning, tetanus or rabies vaccination, and cosmetic procedures may be necessary. In severe cases, plastic surgery or long-term therapy may be recommended.

The financial impact of these injuries supports claims for economic damages. Accurate medical records, billing statements, and provider evaluations are essential for documenting the claim’s value.

Recoverable Damages in a Texas Dog Bite Claim

Texas law permits compensation for economic and non-economic damages resulting from a dog bite. These categories reflect the actual and projected consequences of the incident.

Economic damages

• Hospital and emergency room bills
• Surgical and rehabilitation expenses
• Prescription medication costs
• Lost wages due to missed work
• Future medical costs or diminished earning capacity

Non-economic damages:

• Pain and physical suffering
• Emotional distress or trauma
• Anxiety or fear related to dogs
• Reduced quality of life
• Disfigurement or scarring

In some cases, punitive damages may be awarded if the dog owner acted with gross negligence or reckless disregard for others’ safety. These are rare and require strong evidence of willful conduct, such as knowingly allowing a dangerous dog to roam freely.

Does Insurance Pay Compensation for a Dog Bite in Texas?

In many cases, compensation is pursued through an insurance policy rather than direct legal action against the dog owner. Common sources of coverage include:

• Homeowner’s or renter’s insurance. These policies may cover dog bite incidents occurring on the insured’s property or other locations, depending on policy terms and exclusions.
• Umbrella policies. If the value of the damages exceeds the standard liability limits, an umbrella policy may provide additional compensation.
• Animal liability endorsements. Some homeowners purchase specific coverage for injuries caused by their pets, particularly breeds that may be excluded from standard policies.

It is important to note that some insurers exclude coverage for certain breeds or dogs with known behavioral issues. The injured person may have to pursue direct legal action if a claim is denied based on these exclusions.

Timely reporting is necessary. The insurance company may deny coverage if the policyholder fails to report the incident within the required timeframe or if the claimant delays treatment and cannot link the injuries directly to the dog bite.

Proving Liability and Strengthening a Dog Bite Case

A successful dog bite claim depends on proving that the owner failed to take reasonable steps to prevent the incident or knew that the dog posed a risk. To establish liability, evidence must support both causation and foreseeability.

Helpful forms of evidence include:

• Photographs of the injuries and the location where the bite occurred
• Medical records that connect the injuries to the bite
• Witness statements from bystanders or neighbors
• Police or animal control reports documenting the incident
• Records of prior aggressive behavior or complaints against the dog

If possible, the injured party should seek medical attention immediately after the bite, even if the injury appears minor. This helps establish a medical record linking the incident to the harm suffered. Reporting the incident to animal control or local authorities also creates an official record, which may be requested during a legal proceeding.

Time Limits for Filing a Dog Bite Lawsuit in Texas

Texas imposes a two-year statute of limitations for personal injury claims, including dog bite cases. This deadline begins on the incident date, not when the injury is discovered or treated. Failing to file a lawsuit within this two-year window may result in permanent loss of the right to seek compensation through the court system.

In certain circumstances, exceptions may apply. For example:

• If the injured party is a minor, the two-year period does not begin until they reach age 18.
• If the defendant leaves the state or actively conceals their identity, the limitation period may be paused until they are located.

Even if litigation isn’t expected, prompt action enhances a claim’s strength. Engaging in insurance negotiations, obtaining medical evaluations, and gathering evidence are more effective when initiated early. Waiting too long can jeopardize witness availability, deteriorate physical evidence, and complicate the connection between the injury and the incident.

Comparative Responsibility in Texas Dog Bite Cases

Texas applies a modified comparative responsibility model, codified in Civil Practice and Remedies Code § 33.001. Under this standard, compensation is reduced by the percentage of responsibility assigned to the injured party. If the claimant is more than 50 percent responsible, they may not recover damages.

In a dog bite context, comparative responsibility may be raised if the injured person:

• Provoked the dog
• Entered the dog owner’s property unlawfully
• Ignored posted warnings or verbal instructions
• Attempted to separate fighting dogs or restrain the animal without consent

These scenarios may reduce the claim’s value or bar recovery entirely. Evidence supporting the claimant’s lawful presence, cautious behavior, and lack of provocation may rebut these defenses. Statements from witnesses, video footage, and the absence of signage can all help demonstrate that the injured party did not contribute to the incident.

Breed-Specific Restrictions and Legal Misconceptions

Some municipalities in Texas maintain breed-specific ordinances that restrict or regulate certain dogs deemed aggressive or high-risk. However, Texas does not recognize breed alone as evidence of liability. The individual dog’s behavior and the owner’s actions are more relevant than breed classification.

Common misconceptions include:

• Believing that owning a restricted breed automatically creates liability
• Assuming that all large dogs are legally considered dangerous
• Presuming that breed bans apply statewide

Actual liability depends on whether the dog previously exhibited aggressive behavior and whether the owner failed to exercise reasonable control. Courts may consider breed-related regulations if the owner violated local ordinances, but the outcome will still depend on the case’s specific facts.

When is a Landlord or Property Owner Liable for a Dog Bite?

Sometimes, the property owner or landlord may be liable for a dog bite on rented premises. However, Texas law does not automatically impose responsibility on landlords for the actions of a tenant’s pet.

A landlord may be held accountable if:

• They knew the dog had a history of aggressive behavior
• They retained control over the property and could remove or restrict the dog
• They failed to act after learning of a dangerous condition created by the animal

These cases typically require a higher threshold of proof than claims against the dog’s owner. Lease agreements, tenant communications, and prior incident reports may all be reviewed to determine whether the property owner acted negligently.

Emotional Trauma and Psychological Impact of a Dog Bite

Injuries caused by a dog bite are not limited to physical harm. Psychological consequences may be significant, particularly in children or individuals who previously felt safe around animals. Fear of dogs, sleep disturbances, and anxiety in public settings may persist long after physical wounds heal.

These effects may support claims for non-economic damages such as:

• Post-traumatic stress symptoms
• Ongoing phobias or behavioral changes
• Loss of enjoyment in social activities
• Embarrassment or isolation due to disfigurement

Medical professionals, including therapists or psychologists, may document these effects. In more severe cases, testimony from mental health providers may be used to support the claim’s valuation.

The Legal Steps Following a Dog Bite Injury

A formal lawsuit may be filed if the insurance company does not offer a fair settlement. The process of suing the dog owner typically includes:

1. Filing a petition in the appropriate Texas civil court, outlining the injury, the cause, and the damages sought.
2. Serving the defendant with legal notice of the claim.
3. Engaging in discovery includes document exchange, depositions, and medical evaluations.
4. Attempting mediation or informal settlement negotiations before trial.
5. Presenting the case at trial if no resolution is reached.

Many dog bite cases settle before trial, especially when liability is clear and damages are well-documented. However, legal representation may be helpful throughout the process to ensure procedural requirements are met and to protect the injured party’s interests.

How Important is Hiring a Lawyer After a Dog Bite Injury? 

Although some dog bite claims may be resolved through insurance, being represented by a knowledgeable dog bite lawyer can help ensure your claim is valued accurately and handled appropriately. Legal representation is essential when:

• Liability is disputed
• Multiple parties may share responsibility
• Injuries result in long-term medical needs or permanent impairment
• Insurers delay or undervalue the claim

An attorney can evaluate the evidence, interpret policy language, and ensure that legal and procedural requirements are met. Representation may significantly improve outcomes in contested ownership, disfigurement, or uncooperative insurers.

What to Do After a Dog Bite in Texas

Immediate steps can strengthen a claim and reduce the likelihood of complications. After a bite occurs, individuals are encouraged to:

• Seek prompt medical treatment and follow all care instructions
• Photograph injuries before treatment if possible
• Report the incident to local law enforcement or animal control
• Request documentation of the report
• Identify the dog’s owner and obtain contact and insurance information
• Avoid direct communication with the owner’s insurer until medical care has begun

These actions help create a record of the incident, establish the timeline of injury, and support the factual basis of the claim. Organized documentation supports legal evaluation and strengthens negotiation efforts if a settlement is pursued.

Contact a Texas Dog Bite Attorney for a Free Consultation

Dog bite injuries can result in lasting medical and emotional consequences. If you were injured by a dog in Texas and have questions about compensation, insurance coverage, or liability, Ryan Orsatti Law can evaluate your options.

Our firm represents injured individuals throughout Texas and provides fact-based legal guidance grounded in state law and insurance procedure. A consultation may help clarify whether a claim exists, what evidence may be needed, and what recovery may be available.

To schedule a free case review with an experienced Texas dog bite attorney, contact Ryan Orsatti Law at (210) 899-5761 or submit a request online. There is no fee unless compensation is secured on your behalf.