Dog Bite Injuries to Children in Austin: Special Considerations and Legal Protections

Dog bite injuries can result in serious infections. If a domesticated dog attacked your child, you may be able to file a claim against the owner. This can help you receive economic and noneconomic compensation, which can help alleviate medical expenses and other forms of suffering. 

Legal professionals, like Thomas J. Henry Law, can assist you throughout the process. Laws vary by state, city and county, which can make navigating the incident on your own complicated. Learn more about what to do if your child is bitten and the special considerations and legal protections that may apply.

Texas Dog Bite Laws in Austin

In Austin, Texas, owners are liable for dog bites depending on the circumstances of the incident. The following laws can be relevant for your case:

Texas’s One-Bite Rule

Texas, along with other states, follows the one-bite rule, which states that a dog owner is liable for dog bite injuries only if they have known or should have known their dog is dangerous. Under this rule, the injured person must show that the owner:

• Knew that the dog had bitten, attacked or shown aggression toward someone else in the past.
• Was negligent in controlling the dog.

A dog is dangerous if it has made an unprovoked attack that resulted in bodily injury. If your child did not hit, kick, strike, harm or taunt the dog in any way, the dog’s attack is considered unprovoked. Bodily injuries pertain to physical pain, illness or any impairment in your child’s physical condition.

If the dog is not considered dangerous, the owner may still be liable due to negligence. Multiple laws, including the Health and Safety Code, detail the dog owner’s responsibilities to keep the community safe.

Lillian’s Law

Texas Health and Safety Code Section 822.005, also known as Lillian’s Law, is Texas’s dog bite law. This law puts greater liability on dog owners when the dog attacks without provocation, and that attack results in serious bodily injury or death. The name of the law came from Lillian Stiles’s case in 2005. Several large dogs killed the 76-year-old woman in her front yard. However, the dog’s owner was not found criminally negligent.

Since the law has passed, dog owners can now commit an offense if they don’t secure their dog and the dog makes an unprovoked attack that leads to serious bodily injury or death outside the owner’s property. A serious bodily injury is characterized by severe ripping and tearing of muscles, which requires hospitalization, regardless of whether the bitten person sought medical help.

When the unprovoked attack results in serious bodily injury, it is a third-degree felony and is punishable by two to 10 years in prison. Dog attacks that lead to death are a second-degree felony, which can be punishable by up to 20 years in prison. Apart from potential jail time, the dog owner may face fines or penalties.

Health and Safety Code

Section 822.044 of the Health and Safety Code also covers dog bites. Specifically, this section addresses bites that result in injury but not serious bodily injury or death. A dog owner can be charged with a Class C misdemeanor offense if their dangerous dog makes an unprovoked attack outside of the dog’s enclosure, causing bodily injury. If the attack happened within the dog’s territory and the dog was confined, the attack is not considered unprovoked.

During a complaint, the animal control authority, which is the municipal or county animal control office or the responsible county sheriff, will seize and impound the dog in a secure and humane environment. The court will set the time for the hearing, which will be held not later than the 10th day after the warrant issuance date. If a dog owner is found guilty, the court may order specific persons to terminate the dog’s life humanely. These persons may include:

• Licensed veterinarian.
• Trained personnel of a humane society.
• Personnel of a recognized animal shelter.
• Trained governmental agency personnel responsible for animal control.

However, the court may not order the dog’s termination if:

• The dog was protecting a person or property, and the attack occurred in the dog’s enclosure.
• The injured person is at least 8 years old and was trespassing on the dog’s enclosure.
• The enclosure was reasonably certain to prevent people under 8 years old from entering, and yet the injured person was under 8 years old.
• A peace officer was using the dog for law enforcement purposes.

The Safe Outdoor Dogs Act

The Safe Outdoor Dogs Act talks about the unlawful restraint of dogs, which is a criminal offense. If your child was attacked due to unlawful restraint, the dog owner could be charged for the violation. For instance, in Austin, dog owners cannot tether or restrain dogs within the city if they are not physically present with the dog. Other counties also prohibit chaining the dog.

Types of Damages You Can Recover

Texas’s Civil Practice and Remedies Code states that you must generally file a complaint within two years of the bite date. To recover damages in the state, your child only needs to be 50% or less at fault. You may be able to recover compensation for monetary and nonmonetary damages. The recovery amount typically depends on where your child was bitten. For instance, a bite on the face can be worth more than a bite on the leg.

Types of damages you can recover include payments for:

• Medical treatment
• Lost income
• Emotional trauma and suffering
• Permanent disability
• Wrongful death

Punitive damages may also be available in certain extreme circumstances.

What to Do After a Dog Bites Your Child

If the incident happened in Austin, you can recover damages for your child’s dog bite through the following steps:

1. Get the owner and dog’s information: Get the dog and its owner’s information immediately after the attack. Apart from the name and address, request proof of rabies vaccination. While rabies infection affects your child’s treatment, the vaccination also determines where the dog would be quarantined for observation. Dog owners must also provide the rabies vaccination certificate to Animal Protection.
2. Receive emergency care: After the dog bites, scratches or attacks your child, call 911 and seek emergency care. Severe injuries can deem a dog dangerous, which affects your claim.
3. File a report with Animal Protection: You’ll need to sign a bite affidavit with Animal Protection.
4. Document evidence: Photograph your child’s injuries as proof. Your doctor or nurse can assist you. You may also document other bruises from the incident and the location where they happened.
5. Seek legal help: Personal injury lawyers, such as our team at Thomas J. Henry Law, can help you navigate the complex legal issues regarding dog bites. We can help you fight for your child’s rights and potentially get your family fair compensation for any injuries sustained.

Why Trust Thomas J. Henry Law

Thomas J. Henry Law is a nationally-recognized personal injury law firm that handles all types of accident claims, whether they’re life-altering accidents, catastrophic injuries, malpractice lawsuits and product liability claims. We’ve also handled personal injury damages for dog bites in Austin, Texas. We’re determined to help clients fight for the most vulnerable population in the country.

As one of the largest law firms in Texas, we have over 250 personal injury attorneys available 24/7. We also have a dedicated attorney and legal team working on each case, so our clients get to enjoy personalized attention. We’re ready to help whether the accident happened in a public place, at work or while driving. We offer our clients a free case review and won’t charge fees unless we win the case.

We’ll Advocate for Your Child’s Rights

If you’re looking for a dog bite lawyer for children in Austin, our experienced lawyers at Thomas J. Henry Law can help you out. We’ve handled various cases across our multiple areas of practice, and child injury cases are one of them.

We’ve represented injured children across Texas and the U.S. for over two decades. We also retain the best expert witnesses, including pediatric physicians, pathologists and psychologists. You and your child don’t have to go through this alone. Fill out our contact form today to get started with your free case review.