When Are Property Owners Liable for Dog Attacks in Texas?

Our Houston dog bite attorneys fight to hold negligent parties accountable

Dog attacks can result in severe physical and emotional harm. Determining who is liable is not always straightforward, however. In Texas, liability typically falls on the dog’s owner, but there are situations where a property owner may also be held responsible.

Understanding the circumstances under which property owners become liable helps victims pursue compensation for their injuries. If you or a loved one suffered a dog attack, an experienced Houston dog bite attorney can help you explore your legal options and build a strong case for compensation.

What does Texas law say about dog attacks?

Under Title 10, Chapter 822 of the Texas Health and Safety Code, a dog owner may not be held liable for the first attack unless they knew or should have known that the dog was dangerous.

However, if the owner was negligent – such as by failing to leash or secure the dog properly – they can be held accountable even if the dog had no history of aggression. Texas also allows strict liability in cases where the dog is classified as “dangerous” under local ordinances, meaning the owner can be held responsible regardless of negligence.

While dog owners are the primary party liable in most cases, property owners may also bear some responsibility depending on their level of involvement with the dog or their control over the premises where the attack occurred.

How does property ownership affect liability for dog attacks?

Property owners who house or allow dogs on their property may face legal liability under certain conditions. If the owner knew a dangerous dog lived on the premises and failed to take steps to protect others from harm, they could be held responsible. This is particularly relevant for landlords, business owners, or homeowners who permit someone else’s dog to stay on their property.

In Texas, premises liability law applies when the property itself – or the property owner’s actions – contributes to the risk of a dog attack. For example, if a landlord allows a tenant’s aggressive dog to remain on the property after being notified of previous attacks, the landlord may share liability for injuries caused by the dog.

When is a landlord liable for a tenant’s dog?

In most cases, landlords are not automatically responsible for a tenant’s dog. However, liability can arise if the landlord knew about the dog’s aggressive behavior and failed to address the situation. Texas courts may hold a landlord accountable if they had the ability to remove the animal but chose not to act, especially if the attack could have been prevented.

If a tenant’s dog attacks someone in a common area – such as a shared hallway or apartment complex parking lot – the landlord may also bear responsibility. Landlords have a duty to keep shared spaces safe, and ignoring complaints about a dangerous animal could make them liable. On the other hand, landlords usually aren’t responsible for attacks that happen inside a tenant’s private residence unless they had prior knowledge of the threat.

What if the attack happens on a property owner’s land?

Property owners can also face liability if a dog attack occurs on their premises, especially if the victim had permission to be on the property. For example, if a friend’s dog attacks a guest during a gathering at the homeowner’s property, the homeowner could share responsibility for the injury.

Business owners, such as store or restaurant operators, must also ensure their premises are safe for customers. If a customer is bitten by a dog on the business’s property, the owner may be held liable if they allowed the dog to be there without proper supervision or precautions.

Trespassing can affect liability as well. Property owners may not be responsible for injuries to trespassers unless the attack was intentional or involved a dog known to be dangerous. Texas law balances the rights of property owners with the need to prevent unnecessary harm.

What exceptions protect property owners from liability?

There are several situations where property owners may avoid liability for dog attacks. If the property owner had no knowledge of the dog’s aggressive tendencies, it might be difficult to hold them accountable. Additionally, if the victim provoked the animal or ignored warning signs, the owner could argue that the victim’s actions contributed to the incident.

Texas follows a modified comparative negligence rule, which means that if the injured party is found to be more than 50% responsible for the incident, they may not recover compensation. This rule applies in dog attack cases and allows property owners to reduce their liability by demonstrating the victim’s role in the attack.

What can property owners do to reduce liability?

Property owners can take several steps to reduce the risk of liability in dog attack cases. That includes:

Posting warning signs: Warning signs such as “Beware of Dog,” can notify visitors of potential danger.
Securing fencing: Ensuring that fences and gates are secure also helps prevent animals from escaping and causing harm to others.
Setting pet restrictions: Landlords can protect themselves by including pet restrictions or insurance requirements in lease agreements.
Conducting property inspections: Conducting regular property inspections and addressing tenant complaints promptly further minimizes risk.
Establishing pet policies on business property: Business owners should establish policies regarding pets on the premises and train staff to respond appropriately if a dog becomes aggressive.

What are common injuries caused by dog bites?

Dog bites can result in injuries that range from mild to severe and often require immediate medical attention to prevent infection and long-term complications. These include:

Puncture wounds and lacerations: Dog bites can leave puncture wounds or deep cuts on hands, arms, legs, or the face. These injuries may cause nerve damage, heavy bleeding, or scarring, often requiring stitches or surgical repair.
Infections: Dog bites introduce bacteria into wounds. This often creates the risk of cellulitis, sepsis, or rabies. Prompt medical care, antibiotics, or rabies treatment is critical to prevent complications.
Nerve and tendon damage: Deep bites may injure nerves or tendons, and lead to numbness, tingling, or reduced movement. Recovery can require physical therapy or surgery to restore mobility.
Fractures and crush injuries: Powerful dog jaws can break bones or crush tissues, especially in the hands, feet, or arms. These injuries often need surgical intervention and immobilization to heal properly.
Scarring and disfigurement: Bites can leave permanent scars, particularly on the face. This can impact a person’s appearance and emotional well-being. Plastic surgery or scar revision may be needed to address the damage.
Psychological trauma: Dog bites can cause PTSD, anxiety, or lifelong fears of dogs. Therapy or counseling may help restore mental health and rebuild confidence.
Eye injuries: Bites or scratches near the eyes can cause corneal abrasions or vision loss, which may require urgent medical care. Some cases may lead to long-term impairment or permanent damage.
Soft tissue injuries: Dog bites can damage muscles, skin, or ligaments, causing swelling and pain. These injuries may limit mobility and require rehabilitation for full recovery.

Get the justice you deserve after a dog bite injury in Texas

Whether you or a loved one was attacked, don’t hesitate to get legal help from a skilled Houston dog bite lawyer at Smith & Hassler. With over 30 years of experience, we understand Texas law and will take action to hold negligent dog owners accountable. That includes thoroughly investigating your incident, gathering the facts, and fighting to maximize your compensation.

Our law firm has a proven track record of success in dog bite cases. In one case, we recovered $71.5K for a client who was bitten by a loose dog and suffered a severe finger injury.

Don’t wait to protect your rights after a dog bite or animal attack. Contact us for a free consultation with a dedicated Houston dog bite lawyer. We’ll handle every detail of your case, so you can focus on recovery.

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