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Dog bite and animal attack claims

HOUSTON DOG BITE LAWYERSUsually a claim against insurance, not your neighbor.

Dog bites can cause deep wounds, infections, nerve damage and lasting scars, especially for children. Many people hesitate because they know the owner. In most cases, the claim is paid by the owner's homeowners or renters insurance, not out of the owner's pocket.

Who pays

WHOSE INSURANCE pays for a dog bite.

HOMEOWNERS INSURANCE

Most dog bite claims are paid by the liability coverage in the owner's homeowners policy.

RENTERS INSURANCE

Renters policies usually include liability coverage that can apply to the tenant's dog.

BUSINESS POLICIES

If the bite happened at a business, the business's liability policy may apply.

WHEN THERE'S NO COVERAGE

Some policies exclude certain breeds or dogs with a bite history. Other sources of recovery may still exist.

Homeowners insurers are our everyday work. The companies that pay dog bite claims are the same kind of insurers we deal with on every homeowners claim.

Texas law

HOW TEXAS handles dog bites.

Texas doesn't have a single dog bite statute. Claims usually fall under one of two rules.

  1. 01The owner knew the dog was dangerousIf the owner knew the dog had bitten or attacked before, or had shown dangerous tendencies, Texas law can hold the owner responsible without proving carelessness. This is often called the one-bite rule.
  2. 02The owner was carelessEven without a history, an owner can be responsible for failing to use reasonable care to control the dog, such as letting it run loose in violation of a leash law.
  3. 03Your own conduct mattersInsurers will ask whether you provoked the dog or ignored warnings. Texas's shared-fault rule can reduce or bar recovery.
  4. 04Children's claimsA child's own injury claim generally doesn't have to be filed until two years after the child turns 18. Parents' claims for the child's medical bills follow the usual two-year deadline.
Right after a bite

WHAT TO DO after a dog bite.

1. GET MEDICAL CAREDog bites get infected easily. See a doctor and ask about rabies risk, stitches and follow-up care.
2. REPORT THE BITEReport it to animal control. In Houston, call 311 to reach BARC, the city's animal services department. Texas law requires a 10-day observation period for a dog that bites a person.
3. GET THE OWNER'S INFORMATIONName, address, phone number and, if possible, their insurance company. Note the dog's description and vaccination status.
4. PHOTOGRAPH THE INJURIESTake photos of the wounds as they heal, including scarring. They show what words can't.
From the other side

Scarring claims are often undervalued at first. Photos taken over weeks and months, and a doctor's opinion on future treatment, make the difference.

DOG BITE FAQ

Does Texas have a one-bite rule?

In effect, yes. If the owner knew the dog had dangerous tendencies, the owner can be held responsible without proof of carelessness. Even without a prior incident, an owner can be responsible for failing to control the dog.

Does homeowners insurance cover dog bites?

Often, yes. The liability coverage in a homeowners or renters policy usually covers dog bites, though some policies exclude certain breeds or dogs with a history of biting.

The dog belongs to a friend or family member. Will they have to pay?

Usually not personally. In most cases, the claim is made against their insurance policy, and the insurer pays any settlement.

How long do I have to file a dog bite claim?

Generally two years from the bite. A child's own claim can usually be brought until two years after the child turns 18, but it's best not to wait.

Related: Personal injury overview · Slip and fall · Homeowners insurance claims

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