Dog Bite Law in Texas

October 10, 2010

According to the Centers for Disease Control and Prevention, about 4.5 million Americans suffer from dog bite injuries every year. One in five of these bites cause injuries that require medical attention. Unfortunately, Texas has experienced a high number of fatalities resulting from dog bites in recent years. In response, the Texas Legislature changed Texas dog bite law, but the current law still does not adequately help victims or prevent future dog bites and animal attacks.

Texas Dog Bite Law

In the past, Texas dog owners were essentially allowed "one free bite" before they faced consequences. Only if a dog owner knew his or her dog was dangerous, based on a prior bite incident, would he or she be held responsible for a second attack.

Across Texas, however, horrific stories of dog attacks on children and senior citizens gained more media attention. As fear and outrage grew over dangerous dog bites, Texas legislators decided to strengthen dog bite rules by passing a law intended to eliminate loopholes created by the one free bite rule.

The new dog bite law is named "Lillian's Law" in memory of Lillian Stiles, a 76-year-old woman who was killed by her neighbor's six dogs while riding a lawnmower in her front yard. As stated in Section 1 of the law, it is dedicated to the memory of all victims of unprovoked dog attacks.

Under Lillian's Law, a person may be held criminally responsible for a dog bite if the person is the owner of the dog and does either of the following:
- With criminal negligence fails to secure the dog and the dog makes an unprovoked attack on another person not on the owner's property that causes serious bodily injury or death to the victim
- Knows the dog is a "dangerous dog" and the dog makes an unprovoked attack that causes serious bodily harm or death to another person and occurs somewhere other than an enclosure in which the dog is kept

Dangerous Dog Definition

According to Lillian's Law, a "dangerous dog" has done one of the following:
- Previously injured someone in an unprovoked attack that occurred outside of a structure that was meant to confine the dog
- Committed unprovoked acts outside its enclosure that cause a person to reasonably believe the dog will attack and cause bodily injury to that person

Consequences of Violating Lillian's Law

A dog owner who commits one of the offenses proscribed by Lillian's Law faces some of the toughest consequences in the nation. If the dog attack causes serious bodily injury to the victim, the owner could be charged with a third-degree felony, which is punishable by two to 10 years in prison and up to a $10,000 fine. If the dog attack causes the victim to die, the owner could be charged with a second-degree felony and spend up to 20 years in prison if convicted.

Problems with Lillian's Law

Kenneth Phillips is a national dog bite law expert and suggests that there are some problems with Lillian's Law. Phillips argues that while the law increases jail time for owners who fail to take reasonable precautions with their dogs, it does nothing for victims who are left to pay their own medical bills and are not compensated for pain and suffering, lost income, or loss of earning capacity.

Indeed, victims of dog attacks are not adequately protected by Lillian's Law. It also does not correct the one free bite concern because the dangerous dog rule essentially remains.

Under the "dangerous dog" provision of the law, a dog owner is liable if he or she knew the dog was dangerous based on its prior behavior. Under the other "criminal negligence" provision, a dog owner is liable if he or she should have known there was a substantial and unjustifiable risk that a person would be killed or severely injured by the dog.

An owner can thus only be held responsible--under either provision--if his or her dog displayed dangerous behavior before the attack. Otherwise, the owner will not face criminal prosecution, no matter how severe the attack.

Lillian's Law also creates a loophole for dog attacks that occur on owners' properties in places where the dog is kept. So, for example, if a child is bitten by a neighbor's dog while playing with the neighbor's kids in their back yard, the owner could not be held responsible unless there is sufficient proof that the owner knew the dog had vicious tendencies.

Improving Lillian's Law

As long as the one bite rule remains, Lillian's Law does not go very far in deterring irresponsible dog owners. It would be better if Lillian's Law held dog owners fully responsible for the harms their dogs cause in any unprovoked attacks, including victims' medical bills, as well as their pain and suffering.

If you or a loved one has been injured in a dog attack, contact an experienced personal injury attorney in your area to discuss any legal claims you may have.

Article provided by Scott H. Palmer, P.C.
Visit us at www.scottpalmerpilawyer.com