Bryan-College Station Dog Bite Lawyer | Bryan-College Station Dog Mauling Lawsuit | Bryan-College Station Dog Attack Attorney
Brazos County Dog Bite Accident Attorney
Dangerous Dog Facts:
- An estimated 4.5 million people are bitten by dogs each year;
- Approximately 334,000 people are admitted to US emergency rooms annually with dog bite-associated injuries, and another 466,000 are seen in other medical settings;
- An unknown number of other people who have been bitten do not sustain injuries deemed serious enough to require medical attention;
- Almost half of all persons bitten are children younger than 12 years old; and
- People more than 70 years old comprise 10% of those bitten and 20% of those killed.
According to Zoonosis Control Division of the Texas Department of Health, domesticated dogs comprise most the dog bites in any given year. Even more shocking, Texas was the leader in dog bite fatalities in 2007, with seven fatalities stemming from dog bites that year alone. There is a regional Zoonosis office in Bryan-College Station located at Texas Department of State Health Services, Zoonosis Control, 2408 South 37th Street, Temple, Texas 76504, (254) 778-6744 for all of your needs and questions.
Responsible Dog Ownership in Bryan-College Station Definitely Can Reduce Bryan-College Station Dog Bites
As so many things in life, dog bites can be reduced by what happens in the home. A dog is not always the one to blame in the instance of a dog attack or dog bite injury. Many owners use their dogs for illegal dog fights and these dogs are victimized every bit as much as the victims of their attacks, and they too are often severely injured or even killed in dog fighting rings as they fight for their lives. Negligent and abusive dog owners should be held liable for their actions. A decision to be a responsible dog is a personal decision and one that requires responsibility. There are many places in and around Bryan-College Station, Texas to have your dog trained for obedience. Dog owners are also able to take their dog to an area designated for dogs to play. Dog parks are there so that the owner can take their dog to an area where they can run around and play in an fenced-in and safe place. Dog parks are a responsible place to take your pet to ensure that when they are running off their leash that they will not run away from you and/or cause harm to a person or another animal. Some Dog Training Facilities and Dog Park locations in the General Bryan-College Station Area include:
Good Dog Training & Behavior
10948 Favor Road
College Station, TX 77845
9393 Carriage Way
College Station, TX 77845
Bryan-College Station KOA Dog Park
4851 West Stamford Street
Bryan-College Station, Texas 79603
Dogs should be trained and any sense of aggressive behavior exhibited by a dog should be immediately attended to by the pet owner in order to avoid a future incident. What it boils down to is that if you or a loved one have been bitten, attacked, maimed, or killed by a dog or other animal, you should be entitled to some degree of compensation from the animal’s owner or handler. Contact one of the experienced Bryan-College Station dog bite lawyers above for a consultation regarding your claim.
Texas’s “One Bite” Rule & Dog Bite Claims Based on Negligence
Texas follows the arcane “one bite rule.” This means that a pet owner is liable when:
- the owner knew that the dog had bitten someone before or had a “dangerous propensity” for biting;
- the bite was caused by the negligence of the person handling the dog;
- the bite was caused by a violation of a leash law, prohibition against dogs trespassing or running at large, or a similar animal control law; or,
- the bite injury was caused intentionally by the owner or person handling the dog.
When it cannot be proved that the dog’s owner or handler knew of the dog’s propensity to bite, negligence can form the basis of a claim. An example of a negligence-based claim could occur when the owner of a dog whose breed is notorious for its violent propensities — such as a pit bull, Rottweiler, or German Shepherd — allows their dog to run loose in a children’s park or other public area without supervision. The dog’s owner will be held liable based on negligence if the dog bites a child in the park.
However, a person does not have to be the dog’s owner to be held liable for a bite victim’s injuries. A child bitten at a day care facility for dogs could, through the child’s parents, make a claim against the pet care center, even though the dog was owned by a third party who was absent at the time of the bite. If you or a loved one has been the victim of a dog bite, you should contact a Bryan-College Station dog bite attorney to pursue your personal injury claims. Even if the dog has no prior history of aggression and has never bitten anyone before, Texas’s “one bite rule” may allow a Bryan-College Station dog bite injury lawyer to fight your claim successfully, and you deserve compensation for your injuries.
Bryan-College Station Negligence Per Se Dog Bite Lawyer
When a statute or ordinance is violated and the violation leads to an injury, this is called negligence per se.
Negligence per se is frequently found in cases of dog bites, dog maulings, and dog attacks, often resulting from a violation of:
- leash laws;
- dog trespass laws; or,
- no “free-run” laws.
Usually, these types of dog control laws and ordinances are only found in large Texas cities; however, Bryan-College Station has an ordinance requiring that dogs be "restrained" at all times. Furthermore, Bryan-College Station requires that all dogs over four months of age be licensed with the city officials. If you or a loved one has been bitten or mauled by a dog running loose in violation of the law of Bryan-College Station or Brazos County, you should contact a local Bryan-College Station dog bite attorney immediately.
Lillian’s Law (H.B. 1355)
The so-called “Lillian Stiles Law,” sponsored by Senator Eliot Shapleigh and passed in 2007, increases the jail time for owners who fail to secure their dogs in a reasonable manner, resulting in serious bodily injury or death to another. Under the law, a dog owner will be charged with a third-degree felony if their dog causes serious bodily injury to a victim during an unprovoked attack. A third-degree felony is punishable by 2-10 years of prison time as well as a potential fine of up to $10,000. If the victim dies from an unprovoked dog attack, H.B. 1355 would impose a charge of second-degree felony, punishable by up to 20 years in prison. Click here for more information on the passage of Lillian’s Law,
Texas still allows a dog to be chained up, which is not only bad policy, but also dangerous to children and others who are routinely attacked by dogs that have been chained. Lillian’s law helps protect Bryan-College Station residents from dogs that attack when not reasonably secured and allows Bryan-College Station dog bite lawyers to sue the dog owners despite lack of previous history of aggression or any provocation from the injury victim. Call a Bryan-College Station dog bite lawyer today.
Some of Texas' Laws on Dog Bites
Some of the laws are found in the Texas Health & Safety Code, Title 10, Chapter 822 Regulation of Animals:
- Subchapter A General Provisions; Dogs That Attack Persons or Are a Danger to Persons;
Subchapter D Dangerous Dogs;
- 822.041. Definitions;
- 822.042. Requirements for Owner of Dangerous Dog;
- 822.0421. Determination That Dog is Dangerous;
- 822.0422. Reporting of Incident in Certain Counties and Municipalities;
- 822.0423. Hearing;
- 822.043. Registration;
- 822.044. Attack by Dangerous Dog;
- 822.045. Violations;
- 822.046. Defense; and
- 822.047. Local Regulation of Dangerous Dogs
Brazos County Dangerous Dog Laws
Brazos County has additional laws that apply throughout the county, except in cities with their own animal control laws. Click here to read the Brazos County Dog Bite Laws.
Sec. 10-52. - Rabies vaccination and license.
(a) Required; exception. Except as otherwise provided, no person shall own, keep, or harbor any dog or cat over four months of age within the city unless such dog or cat is vaccinated and licensed. The provisions of this section do not apply to animals owned by a licensed research facility or government operated animal shelter.
(b) Vaccination by licensed veterinarian. All dogs and cats shall be vaccinated against rabies by a licensed veterinarian in accordance with V.T.C.A., Health and Safety Code § 826.021.
(c) Licensing authority to designate veterinarians to collect registration fee. The licensing authority shall designate, when practicable, licensed veterinarians to collect the annual licensing registration fee. A licensed veterinarian who has been so
designated shall, when practicable, register dogs and cats and collect the annual licensing registration fee under the following terms and conditions:
(1) Issuance of license and tag; information to be sent to licensing authority. If a licensed veterinarian vaccinates a dog or cat for rabies, he or she shall collect the annual licensing registration fee when practicable, issue a rabies vaccination tag and a license as appropriate, and send to the licensing authority a copy of a form which shall include the following information:
a. Name and address of pet owner;
b. Description of the pet;
c. Date of vaccination;
d. License number;
e. Other appropriate information.
(2) Licensing authority to provide forms, tags and collection procedure. A licensed veterinarian who has been designated to collect the annual licensing registration fee shall have all necessary forms and tags for registration provided to him or her by the licensing authority. The licensing authority shall establish a collection procedure for the fees, a format for the tags and shall record all dogs and cats registered, the name of the owner and other appropriate information.
(d) Time limit for license application; exception. Application for a license must be made within 30 days after obtaining a dog or cat over four months of age. This requirement will not apply to a nonresident keeping a dog or cat within the city for no longer than 60 days. New residents must apply for a license within 30 days of establishing residency.
(e) License period; license to be attached to collar; transferability; records. Except as otherwise provided, the licensing period shall be for one year. Each applicant shall pay the appropriate fee annually and shall supply all information reasonably requested on forms supplied by the licensing authority. Licenses furnished by the licensing authority shall be of durable material. A license issued for a dog or cat must be attached to the collar of the animal and must be worn at all times. Licenses are not transferable. A record of all licenses issued shall be maintained by the licensing authority; and such records shall be available to the animal control authority. Records are to be kept for five years.
(f) Failure to obtain license. A license shall be issued after payment of the required fee. Persons who fail to obtain a license as required within the time period specified in this section will be subjected to a delinquent fee.
(g) Waiver of license fee. License fees shall be waived for dogs serving the blind, deaf, or other persons with disabilities as defined by law, or government-owned dogs used for law enforcement. All other licensing provisions shall apply.
(h) Vaccination by out of town veterinarian. Upon receipt of the appropriate forms and payment of the scheduled fee, the licensing authority shall provide a license for dogs and cats vaccinated by out-of-town veterinarians. In which case, said license will be valid until the rabies vaccination is due again by state law.
(i) Tag required. It shall be unlawful for any person to have a dog or cat in their care, custody or control which does not have a current vaccination tag and a license on the dog or cat.
(Code 1988, § 4-46; Ord. No. 909, § 1, 5-10-1994; Ord. No. 967, §§ 2—5, 8-22-1995)
Sec. 10-53. - Nuisances.
(a) All dogs and cats shall be kept under restraint.
(b) No dog or cat shall be allowed to cause a nuisance. The owner of every dog or cat shall be held responsible for every behavior of such dog or cat under the provisions of this article.
(c) A dog or cat shall be considered a nuisance if it damages, soils, defiles or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner; causes unsanitary, dangerous or offensive conditions; causes a disturbance by excessive barking or other noisemaking; or chases vehicles, or molests, attacks or interferes with persons or other domestic animals on public property.
(Code 1988, § 4-47; Ord. No. 909, § 1, 5-10-1994)
Sec. 10-54. - Impoundment.
(a) Notification of owner; unclaimed animals. Any dog or cat found at large shall be impounded by the animal control authority in an animal shelter. Immediately upon impounding a dog or cat, the animal control authority shall make every reasonable effort to notify the owner and inform such owner of the conditions whereby custody of the animal may be regained. Dogs and cats not claimed by their owners within a period of three full days in which the shelter is open to the public shall become the property of the animal shelter. Wild cats, dogs, and wildlife (which is not protected by federal law) shall become the property of the animal shelter upon receipt of any of the above-mentioned animals by the animal shelter. The animal shelter shall be entitled to dispose of such animals by adoption, humane euthanasia or in such manner as previously agreed upon between the city and the owner of the animal hospital or shelter.
(b) Pursuit of dog or cat onto private property. The animal control authority shall have the right to pursue and apprehend a free roaming dog or cat onto private property without first requesting permission from the owner of the property or without obtaining a search warrant.
(c) Citation of owner. When a dog or cat is found at large and its ownership is verified by the animal control authority, the authority may exercise the option of serving the owner with a citation and/or impounding the animal. The city shall establish a prima facie case by proving the ownership of the animal and that it was at large.
(d) Care; owner liability. In the event that the animal control authority finds dogs or cats to be suffering, it shall have the right forthwith to remove or cause to have removed any such animals to a safe place for care at the owner's expense or to euthanize them when necessary to prevent further suffering. Return of the animal to the owner may be withheld until the owner shall have made full payment for all expenses so incurred.
(e) Disposal not to relieve owner of liability. Disposal of a dog or cat by any method specified herein does not relieve the owner of liability for violations and any accrued charges or citations.
(Code 1988, § 4-48; Ord. No. 909, § 1, 5-10-1994)
Sec. 10-55. - Redemption.
(a) Any dog or cat impounded may be redeemed by the owner thereof within three full days in which the shelter is open to the public upon payment of an impoundment fee and signing any citations which are to be issued. If any such animal has been previously impounded, the impoundment fee shall be raised. Payment of impoundment fees is not considered to be in lieu of a fine, penalty or license fees.
(b) Any dog or cat confined for rabies quarantine, evidence or other purpose may be redeemed by the owner thereof upon payment of a fee. Disposal of a dog or cat by any method specified herein does not relieve the owner of liability for violations and accrued charges.
(c) No dog or cat required to be licensed or vaccinated under this article may be redeemed until provisions for such licensing and vaccination have been fulfilled.
(Code 1988, § 4-49; Ord. No. 909, § 1, 5-10-1994)
Sec. 10-56. - Licensing fees.
Any and all licensing fees required by this chapter shall be set by resolution of the city council and are on file in the city secretary's office. The resolution shall also determine the conditions of payment and collection of the required fees.(Code 1988, § 4-50; Ord. No. 909, § 1, 5-10-1994)
Sec. 10-57. - Care.
All dogs and cats must be provided with daily food sufficient for the breed and size to maintain the animal at a good level of nutrition, a shelter from the wind, cold and rain and a continuous source of clean wholesome water. Failure to provide any of the above by the owner, caretaker or custodian of the dog or cat will be in violation of this Code.(Code 1988, § 4-51; Ord. No. 909, § 1, 5-10-1994)
Secs. 10-58—10-87. - Reserved.
Chapter 2 - ANIMAL CONTROL
H. Dangerous dogs.
(1) Dangerous dogs.
The determination and processing of dangerous dogs in the City shall commence with an investigation conducted by the animal control authority in accordance with Chapter 822 Texas Health and Safety Code.
(2) Alternative process.
Alternatively, the City herein elects to make available an alternative determination and processing of a dangerous dog pursuant to § 822.0422 Texas Health and Safety Code commencing with making a report of an incident meeting the definition of dangerous dog to a City municipal court and following the procedure set forth therein.
(3) Additional requirements for dangerous dogs.
Once a dog has been determined to be a dangerous dog, the following requirements shall apply in addition to those set forth in Chapter 822 Texas Health and Safety Code:
(a) The owner of the dangerous dog must implant and maintain a microchip on the dangerous dog and ensure the dangerous dog wear a City-issued or City-approved collar at all times;
(b) When a dangerous dog is restrained on a leash, a leash issued or approved by the City must be used to ensure, among other things, the visibility of the dangerous dog when out in public, the security of the leash, the length of the leash, and the overall safety of the general public;
(c) When a dangerous dog is restrained on a leash, the person in physical control of the leash must be a person of at least seventeen (17) years of age;
(d) When the dangerous dog is taken off the property of the owner for any reason, the dangerous dog must be properly muzzled so as to prevent such dog from biting;
(e) The dangerous dog must be surgically neutered or show proof of having been neutered to the Animal Control Authority within thirty (30) days of the owner learning such dog is dangerous or within thirty (30) days of moving to the City;
(f) The owner of a dangerous dog shall have fourteen (14) days within which to notify animal control authority of a change of ownership or change of address of the dangerous dog;
(g) The owner of a dangerous dog must pay an annual registration fee of five hundred dollars ($500.00) for the first year and a two hundred fifty dollars ($250.00) annual re-registration fee thereafter unless such dog has violated one (1) or more provisions of this chapter during the previous year, in which case an annual renewal registration fee of five hundred dollars ($500.00) shall be assessed;
(h) The owner of a dangerous dog must notify any boarding facility, veterinary clinic or animal trainer that the dog is dangerous prior to going to such location or person and to notify the animal control authority of same; and
(i) The owner of a dangerous dog must notify the animal control authority when the dog is deceased.
Family Bystander Mental Anguish Claims
Texas recognizes the right of bystanders to recover damages for mental anguish caused by witnessing an accident, with the following limitations: the bystander must be a parent or child of the victim and the victim must have been killed or severely injured in the animal attack or mauling. Therefore, if you have witnessed a close family member mauled or bitten by a dog, you may want to pursue legal action on behalf of the injury victim as well as your own claims for witnessing such a horrific event. Contact an Bryan-College Station dog bite lawyer today to discuss bystander and mental anguish claims.
Negligence Based on Failure to Stop an Attack
A Texas dog owner owes a duty to attempt to stop his dog from attacking a person after the attack has begun. This is a civil duty, meaning that the Bryan-College Station dog bite victim can sue for monetary damages if the dog owner does not attempt to stop the attack.
If you or a loved one have been bitten or mauled by a dangerous dog in Bryan-College Station or Brazos County, TX, please contact one of the experienced Bryan-College Station dog bite injury lawyers listed on this page.
What Should You Do if You Have Been Bitten by a Dog?
- Make every attempt to keep the animal in sight, find its owner, and obtain the owner’s contact information, preferably verified by their photo ID.
- Immediately wash the wound out with soap and warm water.
- Make sure that you are up to date on your tetanus shots.
- Seek the help of a physician or visit a local hospital.
- Report the bite to the Bryan-College Station Planning and Development Services Department (contact information below).
- Seek the help of a Bryan-College Station dog bite attorney, if necessary, and maintain copies of all medical records and other relevant evidence.
For more information on dog bites and their victims, visit DogsBite.org
Dog Bite Reporting:
If you would like to report a Bryan-College Station area or Brazos County dog bite or ask other questions pertaining to veterinary public health, do not hesitate to contact the Bryan-College Station Planning and Development Services Department office at:
A variety of animal training classes and services are offered by the Bryan-College Station SPCA. The Bryan-College Station SPCA may be reached at:
Brazos Animal Shelter
If you would like to report an instance of animal cruelty to the Bryan-College Station click here, and follow the recommended procedures.
Contact one of the experienced Bryan-College Station dog bite lawyers above for a consultation regarding your claim.
Personal Injury Attorneys Serve Bryan-College Station and Surrounding Cities
Serving clients throughout Southeast Central Texas, including Allenfarm, Anderson, Astin, Brenham, Bryan, Caldwell, Carlos, Clay, College Station, Coulter Field, Cross, Easton, Hearne, Iola, Keith, Kurten, Millican, Mudville, Navasota, North Zulch, Piedmont, Singleton, Smetana, Snook, Somerville, Steep Hollow, Sutton, Tunis, Wellborn, Whellock, Wilcox, Wixon Valley, and other communities in Brazos County, Grimes County, and Madison County.
If you or a loved one has suffered an injury, please contact one of the experienced Brazos County dog bite lawyers listed on this page.