Author: Shelby Benavidez
Contributing Attorney: Mark O’Donnell, attorney
Dog bites are not just shocking and medically serious – they can carry legal consequences. Whether you’re a dog owner or not, it’s important to understand that certain breeds are more likely to bite and cause injury to children and which breeds pose the least risk.
Which Dog Breed Has the Highest Bite Rate?
Data from public health studies and animal behavior research consistently show that Pit Bulls have the highest bite rate among all breeds. According to a study by the American Veterinary Medical Association (AVMA), Pit Bulls were involved in a disproportionate number of serious bite injuries, especially those resulting in hospitalization or death.
In legal terms, the frequency and severity of bites by Pit Bulls can be used as evidence in dog bite lawsuits, particularly in negligence or strict liability cases. Although Texas does not label any specific breed as “dangerous” by default, breed-specific data can influence courtdecisions, particularly when determining whether an owner should have known about their dog’s aggressive tendencies.
Which Breed of Dog Is Least Likely to Bite?
Breeds like Labrador Retrievers, Golden Retrievers, and Cavalier King Charles Spaniels have proven to be gentle breeds and are the least likely to bite. They aren’t aggressive, behave well around children, and usually have passive behavior.
From a legal standpoint, the breed you choose to own as a pet could potentially affect a dog bite claim. If a traditionally non-aggressive breed bites someone, the incident might be considered less foreseeable, possibly affecting the owner’s liability depending on the circumstances. However, state laws decide penalties on a case-by-case basis, and the breed of the dog alone can’t be the deciding factor on whether or not the owner is liable for injuries caused by the dog.
Which Dog Breed Bites Kids the Most?
Children are more likely to be bitten by a dog than adults, with mixed-breed dogs, Pit Bulls, and German Shepherds being among the most common attackers, according to pediatric emergency room studies. Children tend to be less cautious around animals because they don’tunderstand that dogs can be dangerous or how to read their behavior. This comfort increases the likelihood of an attack, whether intentional or not.
Legally, injuries to children from dog bites often lead to higher settlements or verdicts due to emotional trauma, physical scarring, and lingering effects of the bite. Most courts consider the victim’s vulnerability, which is typically much higher in children than in adults. This tends to be a factor when awarding the victim for injuries and even punitive damages, especially when the owner was grossly negligent.
Most Dangerous Dogs
Although any dog can bite under certain circumstances, some breeds are serial offenders and known for repeatedly attacking people. In a dog bite case, the judge or jury may hold the owners more accountable for owning a breed of dog that is known to be aggressive.
Pit Bull
As mentioned, Pit Bulls are the most commonly cited breed in fatal dog attacks and severe mauling incidents in the United States. Their powerful jaws and high bite force make their attacks more dangerous and, consequently, more legally significant.
“This is a dog breed that initiates a disproportionately high number of attacks,” said Daniel Stark Attorney Mark O’Donnell. “Combine that with a Pit Bull’s bite force measuring around 270 PSI, versus less than 100 PSI for a Shih Tzu, and you have a dog that is capable of causing outsized harm through its bite. Courts consider this well-known history when determining liability.”
In Texas, owning a Pit Bull does not automatically subject the owner to liability, but if the dog has a history of aggression or if the owner fails to properly secure the dog, they can be held liable for negligence.
In court, a plaintiff may present evidence that the breed’s known aggression contributed to the owner’s duty to restrain or train the dog. This can help establish foreseeability and breach of duty in personal injury lawsuits.
Rottweiler
Rottweilers are another breed with a reputation for being hostile, especially around unfamiliar people. Families often own Rottweilers because they are territorial, are great guard dogs, and many owners swear by their nurturing nature. Unfortunately, they are often involved in serious injuries requiring reconstructive surgery.
From a legal perspective, an owner of a Rottweiler may be held to a higher standard of care, especially if they live in a neighborhood with children or have previously been warned about the dog’s aggressive behavior. Texas law allows for liability when an owner knows (or should have known) of the danger the dog poses and fails to act appropriately.
German Shepherd
German Shepherds are listed as one of the three most dangerous dog breeds across the United States. Ironically, they are often used as police dogs and medical support animals. However, they are protective almost to a fault. Their protective nature can lead to mistaking a stranger or visitor as a threat, provoking an unwarranted attack.
In the U.S., cases involving German Shepherds can be a gray area. There are several factors to consider when trying to prove liability. Was the dog provoked? Was the bite in response to the victim trespassing? Courts may also consider the dog’s training history, particularly if the dog has been trained to bite in law enforcement or protection scenarios.
Texas Law and Protecting Your Rights
Texas’s dog bite laws differ from many other states, and understanding your rights is essential to pursuing a legal claim or defending against one.
The Law on Dog Bites in Texas
Texas applies the “One Bite Rule”, a principle derived from common law. Under this rule, a dog owner is not automatically liable the first time their dog bites someone unless they knew or should have known the dog had dangerous propensities. This means that owners may be protected from being sued if their dog has never bitten before. They will, however, be put on a probation of sorts, holding a greater responsibility for preventing their dog from attacking or biting again.
Victims can bring claims under:
- Strict liability if the owner knew of a dog’s dangerous behavior or previous bite.
- Negligence if the victim can prove the owner failed to take reasonable precautions, regardless of the dog’s history.
Lillian’s Law: Criminal Liability for Dog Attacks
Texas also enforces Lillian’s Law, enacted in 2007 after the tragic death of 76-year-old Lillian Stiles, who was killed by a pack of loose dogs while mowing her lawn. The law introduced criminal penalties for dog owners whose animals cause serious injury or death due to criminal negligence.
O’Donnell said, “In serious cases where a dog causes debilitating, life-long injuries or even death, the dog’s owner may be held criminally liable for the actions of their dog, especially if the dog had an unchecked violent history.”
Under Texas Health and Safety Code § 822.005, an owner can be charged with a felony if:
- They fail to secure a dangerous dog,
- The dog attacks unprovoked in a place other than the owner’s property,
- And the attack causes serious bodily injury or death.
Penalties include:
- Up to 10 years in prison for serious bodily injury,
- 2 to 20 years for a fatal attack,
- And fines of up to $10,000.
Lillian’s Law marked a turning point in holding negligent owners criminally accountable. Prosecutors can use it to pursue charges even when a dog has not previously bitten but the owner’s conduct is egregiously reckless.
Reporting a Dog Bite
Under Texas law, specifically Texas Health and Safety Code § 826.041, all dog bites must be reported to the local rabies control authority or animal control office for the sake of public health and potential legal proceedings.
Following the report, the dog may be quarantined for observation. Animal control will investigate and create an official report. All evidence should be preserved for civil or criminal proceedings.
Failure to report may compromise a victim’s claim and delay appropriate health measures, such as post-exposure rabies treatment.
What Happens After a Dog Bite?
Once you have reported the dog bite and received medical attention, you will start the legal process.
- Animal Control Evaluation: Officials determine whether the dog should be classified as “dangerous” and may issue an order requiring the owner to secure the dog, muzzle it, or in extreme cases, euthanize it.
- Filing a Civil Lawsuit: Victims may sue for medical bills, pain and suffering, lost income, disfigurement, and emotional distress.
- Possible Criminal Charges: If Lillian’s Law applies, prosecutors may charge the owner with a felony.
- Homeowner’s Insurance Involvement: Many claims are settled through insurance, but whether homeowner’s insurance will cover the dog bite may be determined by the breed.
Defenses to dog bite liability in Texas may include:
- The victim provoked the dog,
- The victim was trespassing on private property,
- The dog was acting in self-defense or protecting its owner.
Texas law takes dog bites very seriously, holding the owner financially and legally liable for the actions of their pet. While the One Bite Rule may protect dogs and their owners under some circumstances, Lillian’s Law gives victims an opportunity to file criminal charges when negligence leads to tragedy.
Why You Should Contact a Dog Bite Attorney
If you or a loved one has been bitten by a dog in Texas, contacting a qualified dog bite attorney as soon as possible is critical. Dog bite cases can be more complicated than they appear, especially due to Texas’s One Bite Rule and varying local ordinances.
“Whether the dog was owned by a homeowner or a renter, there may be an insurance policy to compensate you for your past and future medical needs, and for the pain, suffering, and agony that accompanies a serious dog bite injury,” O’Donnell said. “Without an attorney, you will not get what you deserve.”
An experienced dog bite attorney can help determine liability based on whether strict liability, negligence, or local leash law violations apply in your case. If so, they will gather evidence that is crucial to building a strong case. This includes medical records, witness statements, surveillance footage, and animal control reports.
One of the biggest benefits of having a qualified dog bite attorney on your side is that they will handle negotiations with the dog owner’s insurer to make sure your claim isn’t undervalued or denied based on technicalities. If the owner’s conduct was grossly negligent, your attorney can also push for punitive damages or assist in initiating a criminal investigation under Lillian’s Law.
In many cases, dog bite attorneys work on a contingency fee basis, meaning they only get paid if you recover compensation, making legal representation accessible to most victims.
Whether you’re a victim or a dog owner, understanding the law – breed risks, legal theories of liability, and the reporting process – can help you act quickly and appropriately. If you’ve been bitten or your dog has bitten someone, it’s crucial to consult an attorney with experience in Texas dog bite law to ensure your rights are protected.
Frequently Asked Questions About Dog Bites and Dangerous Dog Breeds
What should I do immediately after a dog bite?
If you’re bitten by a dog, try to gather information about the dog and its owner. You should seek medical attention as soon as possible, even if the injury doesn’t seem that bad. Dog bites (even minor ones) can lead to infections. More severe bites can lead to nerve damage and scarring. After seeking medical attention, report the bite to your local animal control authority so the dog can be evaluated and quarantined if necessary.
Can I sue if a dog bites me in Texas?
Yes. In Texas, you may be able to file a personal injury claim against the dog’s owner. If the owner knew or should have known that their dog had aggressive tendencies, they may be held liable for the injuries caused. Victims may recover damages for medical bills, lost income, pain and suffering, and permanent scarring.
What dog breeds are responsible for the most serious bite injuries?
Pit Bulls, Rottweilers, and German Shepherds are involved in a higher number of severe dog bite incidents than any other breed. However, any dog can bite, especially if it feels threatened or is improperly trained.
Who is liable if a dog bites a child?
The dog’s owner may be held liable if they knew the dog was dangerous or failed to properly control the animal.
Does homeowner’s insurance cover dog bites?
In many cases, yes. Dog bite claims are typically covered under a homeowner’s or renter’s insurance policy. However, some insurance companies exclude certain breeds or may deny coverage if the dog has a known history of aggression.
