Are Owners Liable for Dog Attacks?

 Posted on January 17, 2025 in Personal Injury

According to 2023 USPS data, El Paso ranked 6th in Texas for dog attacks on letter carriers. The same year, Texas was number two in the nation for the most dog bites. USPS has the option of stopping mail service to locations where carriers feel unsafe because of dogs. Mail carriers are not the only people dogs can attack and bite, prompting Texas State Senator Jose Menendez to propose a bill in November 2024 that would impose stricter liability for owners of dangerous dogs.

What is the one-bite rule in Texas? Are owners the only ones who could be liable if a dog attacks or bites? A knowledgeable El Paso, TX premises liability attorney can identify the responsible parties and help you pursue full compensation.

What Is Lillian’s Law?

Lillian Stiles was a 76-year-old Milam County woman enjoying front-yard gardening when six dogs entered her property and attacked her in 2005. The mauling was extensive and led to her death. The owner of the dogs was found not guilty of criminally negligent homicide, which sparked outrage and inspired Lillian’s Law, which went into effect on September 1, 2007.

This law holds owners and others with custody and control over a dog who attacks another person or animal accountable for any injuries caused by the dog. Other potentially liable parties include dog trainers, groomers, and walkers. Veterinarians could even be liable if a dog injures someone while in their care.

Under the Texas one-bite rule, strict liability may apply if the dog’s owner knew or should have known the dog was dangerous, for example, if the dog had previously exhibited aggressive behavior or belongs to breeds known to have these tendencies. The owner could also be liable if negligence contributes to an attack, for example, if the dog is allowed to roam freely.

What Kinds of Harm Can Dog Attacks Produce?

The size of a dog is not an indicator of whether it may attack, but it can influence the location and severity of the wounds it can produce. For example, smaller dogs cannot reach as high, and their bites are less powerful. Some dog bites can break bones, cause nerve damage, and transfer rabies to the victim. Significant tissue tearing and loss can also occur.

Although bites are the most common type of dog attack injuries, an aggressive dog may also use its claws to scratch victims or its size to make victims fall to the ground. In other cases, the victim may be injured while attempting to escape an attack.

The physical injuries caused by dog attacks can lead to secondary infections and scarring. However, the emotional and mental trauma a victim experiences can be just as debilitating as physical wounds.

Why Do I Need a Lawyer for a Dog Bite Case?

Understanding the applicable laws, determining who was at fault, and gathering the evidence you need to support your claim after a dog attack can be challenging. If you do not know how to calculate your damages accurately or negotiate with insurers, you might receive much less compensation than you are entitled to. With the help of a skilled attorney, you do not have to deal with these and other potential challenges alone. We handle every aspect of your case, aiming to see you recover the maximum available compensation.

Call a Dedicated El Paso, TX Dog Bite Lawyer

If a dog has attacked you or someone you love, a determined El Paso, TX premises liability attorney from Cal Mundell Law Firm, PLLC can help. Contact us online or call 915-250-0700 to request your free consultation today.