San Antonio Dog Bite Injury Lawyer

A dog bite can mean more than a puncture wound. Deep tissue damage, infection, scarring, and nerve injury are potential consequences, and children often suffer bites to the face and neck. Texas law doesn’t automatically make an owner pay for these injuries, so the outcome depends on what the owner knew and how the attack happened.

If you were bitten or attacked in Bexar County, a San Antonio dog bite injury lawyer can tell you whether the facts support a claim and who is legally responsible. At Barry Deacon Law, our lawyer reviews each case personally. Call 210-985-8398 (English) or 210-796-4933 (Spanish) to talk through what happened.

Does Texas Have a Dog Bite Law?

Texas has no general “strict liability” dog bite statute. Most claims are built on the common law “one-bite” rule or on ordinary negligence.

Under Texas common law, an owner or person possessing a dog may be strictly liable for injuries caused by the animal if the dog had dangerous propensities abnormal to its class, the defendant knew or had reason to know of those propensities, and those propensities caused the injury. A previous bite is not required. However, the evidence must show more than ordinary dog behavior. Prior attacks, threatening conduct, complaints about the particular dog or other evidence of dangerous behavior may help establish the owner’s knowledge, depending on the circumstances.

A dog with no history of biting can still give rise to a negligence claim, but the injured person must establish that the owner’s conduct breached a duty of reasonable care and proximately caused the injury. For example, allowing a dog to roam freely, leaving a gate unsecured or violating an applicable leash or containment ordinance may support a negligence claim when the circumstances made the resulting injury reasonably foreseeable.

Texas also regulates dangerous dogs under Chapter 822 of the Health and Safety Code. A dog may be classified as dangerous if it makes an unprovoked attack outside an enclosure that causes bodily injury, or if it commits unprovoked acts outside an enclosure that cause a person to reasonably believe the dog will attack and cause bodily injury. Under certain circumstances, an owner whose dog makes an unprovoked attack causing serious bodily injury or death may face criminal charges. Criminal liability can depend on whether the owner failed to secure the dog with criminal negligence or had been notified that the dog was dangerous and failed to comply with applicable requirements. A criminal proceeding is separate from a civil injury claim, although related records and evidence may be relevant to the civil case.

What Must You Establish in a Texas Dog Bite Claim?

Depending on the legal theory, you generally must establish that the defendant owned or possessed the dog and either knew or had reason to know of its abnormal dangerous propensities, or that the defendant failed to exercise reasonable care and that the failure caused your injuries. You must also establish that the dog’s dangerous propensities or the defendant’s negligence caused your damages.

Each element needs evidence:

• Ownership or control: The defendant must be the owner, or someone who kept or controlled the dog at the time. Animal control records, vet records, and witness statements often settle this.
• Knowledge or negligence: Prior bites, documented complaints, threatening behavior, and animal-control records may help establish that an owner knew or had reason to know of a dog’s dangerous propensities. Warning signs or a history of escaping may also be relevant, depending on the circumstances, although they do not automatically establish that the dog was dangerous. Evidence that an owner failed to properly restrain the dog may support a negligence claim when the failure contributed to the injury.
• Causation: The injury must come from the attack itself. A fall while fleeing a dog can count, but your medical records need to connect the injury to the incident.
• Damages: You need documented losses, such as medical bills, missed work, and lasting physical or emotional effects.

Who Else Can Be Responsible Besides the Owner?

The owner is the usual defendant, but a landlord, a dog sitter, or a business may also be liable depending on who controlled the dog and the property.

A landlord is not automatically responsible for injuries caused by a tenant’s dog. However, an out-of-possession landlord may owe a duty of ordinary care to third parties injured by the dog if the landlord had actual knowledge of the particular dog’s dangerous propensities and its presence on the leased property, along with the ability to control the premises. A landlord may also face liability in other circumstances involving areas or conditions under the landlord’s control. These claims depend on the specific facts and applicable premises liability principles. Learn more about premises liability.

A boarding facility, groomer, kennel, or professional dog walker may also face liability if their negligence or failure to exercise reasonable care contributed to the attack. Whether they can be held responsible depends on their duties, their control over the animal, and the circumstances surrounding the incident. Available insurance coverage may also affect how a claim is pursued and the amount that may be recoverable.

What to Do After a Dog Attack in San Antonio

Get medical care first, then report the bite to San Antonio Animal Care Services and document everything while the evidence is fresh.

1. Treat the wound. Dog bites carry a real risk of infection, and some require tetanus or rabies evaluation. Medical records also create the link between the attack and your injuries.
2. Report the bite. Texas rabies-control rules generally require an identified dog that bites a person to be quarantined for a 10-day observation period, regardless of its vaccination status, or humanely euthanized and tested for rabies. San Antonio Animal Care Services serves as the local rabies control authority and handles bite investigations within the city. Report the incident promptly so the animal can be located, and the appropriate quarantine or testing procedures can be followed. The resulting records may also provide useful evidence about the incident or previous complaints.
3. Photograph everything. Capture the wounds as they heal, torn clothing, the location, and the dog if it’s safe to do so.
4. Identify the owner and witnesses. Get names, addresses, and phone numbers, and ask about the dog’s vaccination status.
5. Be careful with insurers. Recorded statements given early, before you know the full extent of your injuries, can be used to limit a claim.

What Compensation Can a Dog Bite Victim Recover?

Texas allows recovery of both economic losses, such as medical bills and lost income, and non-economic losses, such as pain, scarring, and mental anguish.

• Medical expenses: Emergency care, stitches, antibiotics, surgery, and reconstructive procedures. Future care counts too, such as additional scar revision.
• Lost income: Wages missed during recovery, and reduced earning capacity if the injury limits your work.
• Disfigurement and scarring: Texas recognizes disfigurement as its own category of damages. It matters most when a bite leaves visible scars on the face, hands, or arms.
• Pain and mental anguish: Dog attacks can leave lasting fear, sleep problems, and anxiety around animals. These effects may be compensable when supported by the evidence.

How Fault, Insurance and Deadlines Shape the Case

Provocation, shared fault and the two-year statute of limitations are the factors that most often reduce or end a dog bite claim.

Provocation. Owners may argue that the victim provoked the dog by teasing, hitting, or cornering it. Whether such conduct affects a claim depends on the circumstances, including the victim’s age and ability to appreciate the risk. A young child may not be held to the same standard of care as an adult when determining responsibility for an injury.

Proportionate responsibility. Under Chapter 33 of the Texas Civil Practice and Remedies Code, proportionate responsibility may apply to a dog bite claim. If you are found partially responsible for your injuries, your recoverable damages may be reduced by your percentage of responsibility. You generally cannot recover damages if your percentage of responsibility is greater than 50 percent.

Insurance. Homeowner’s and renter’s policies often cover dog bite liability, though some exclude certain breeds or prior-bite dogs. Policy limits frequently set the practical ceiling on a recovery. Coverage varies by policy, and some policies exclude dog bites altogether or impose other restrictions.

Deadline. Most personal injury lawsuits in Texas must be filed within two years of the date the cause of action accrues under Section 16.003 of the Civil Practice and Remedies Code. However, when an injured person is younger than 18 at the time the claim accrues, the limitations period is generally tolled during the person’s minority under Section 16.001. This means the two-year period generally does not begin running until the individual turns 18. There may be exceptions or additional legal considerations depending on the circumstances, so families should seek legal advice promptly. Learn more in our article on personal injury claims involving minors in Texas. Evidence can also disappear quickly, making early documentation important.

Dog Bite Questions in San Antonio

These are the questions people most often ask after a dog attack in Bexar County.

Can I sue if the dog had never bitten anyone before?

Yes, if the owner was negligent. Failing to restrain the dog or ignoring leash and containment rules can support a claim even without a bite history.

What if the dog belongs to a friend or neighbor?

A dog bite claim may be covered by the owner’s homeowner’s or renter’s insurance, depending on the policy’s terms, exclusions, and coverage limits. This means an injured person may be able to pursue compensation through the applicable insurance coverage rather than relying solely on the owner’s personal finances. However, coverage is not automatic, and some policies exclude certain dog-related injuries or impose other restrictions.

What if the dog was on its own property?

Being bitten by a dog on private property does not automatically prevent you from pursuing compensation. However, the circumstances of your presence on the property, whether you were lawfully there, whether the dog was properly restrained, whether the owner knew of the dog’s dangerous propensities, and whether any warning was provided may affect the outcome. Trespassing, provocation, and other applicable defenses may also influence liability.

How long do I have to file a dog bite lawsuit in Texas?

Generally, two years from the date the cause of action accrues. Claims for children follow different tolling rules, but you should still get advice early.

Will I have to pay attorney fees up front?

Our lawyer handles qualifying personal injury cases on a contingency-fee basis, meaning attorney fees are generally not owed unless we recover compensation for you. We will explain the fee agreement, including how case expenses are handled, before you decide to move forward.

Talk to a San Antonio Dog Bite Injury Lawyer About Your Attack

If a dog has injured you or your child in San Antonio or elsewhere in Bexar County, the next step is learning where your case stands before the two-year deadline and the evidence slip away. Barry Deacon Law offers a free and secure in-depth case evaluation, and our lawyer will tell you plainly whether a claim makes sense. Call 210-985-8398 for English or 210-796-4933 for Spanish, or visit us at 608 Broadway, San Antonio, TX 78215.