A dog attack can turn from a neighborhood incident into a criminal case faster than many people might expect. In Texas, Lillian’s Law holds dog owners criminally negligent for an attack if their failure to control their dog leads to serious injury or death. A single attack can trigger both a police investigation and a civil injury claim at the same time.
What is Lillian’s Law?
Lillian’s Law allows felony charges against a dog owner if their failure to control a dog leads to serious injury or death in an unprovoked attack.
A civil claim focuses on your recovery, including medical bills, lost income, and the lasting impact of the attack. A criminal case, on the other hand, centers on public safety and holding the dog owner accountable under the law. Each path moves on its own separate track, but both can play a role in what happens next.
If you’re unsure about your rights in this situation, call Suits & Boots Dog Bite Lawyers for a no-cost, no-obligation consultation for your Houston dog bite injury case.
Key Takeaways for Lillian's Law in Texas
- In Texas, Lillian's Law (Health and Safety Code Section 822.005) allows felony charges against dog owners whose animals cause serious bodily injury or death through an unprovoked attack.
- A conviction is a third-degree felony carrying 2 to 10 years in prison and up to $10,000 in fines, and the charge rises to a second-degree felony if the victim dies.
- Texas does not follow strict liability for dog bites in most cases, relying instead on a "one-bite rule" and negligence standards to determine civil liability.
- A dog is considered "dangerous" in Texas if it has attacked a person without provocation or behaved in a way that makes a reasonable person believe a future attack is likely.
- Criminal prosecution and a civil injury claim can proceed at the same time, and a criminal conviction may strengthen the victim's personal injury case.
Who Was Lillian Stiles and Why Did Her Case Shape Dog Attack Laws?
In Texas, Lillian's Law was passed in 2007 after the death of Lillian Stiles, a 76-year-old woman in Thorndale, Texas. She was attacked and killed by a pack of six dogs owned by her neighbor while she was mowing her lawn.
When prosecutors attempted to bring charges against the owner, the case was dismissed. At the time, Texas law required proof that the owner knew the dogs were dangerous before criminal liability could attach. That gap left Lillian’s family without a path to criminal justice.
The Texas Legislature responded by passing House Bill 1355, creating Section 822.005 of the Health and Safety Code. The law introduced criminal liability for a dangerous dog owner who fails to secure the animal, even without proof that the owner knew the dog had attacked before.
What Does Lillian’s Law Mean for Texans?
Lillian's Law is a Texas statute (Health and Safety Code Section 822.005) that allows criminal charges against dog owners when their dog causes serious bodily injury or death in an unprovoked attack.
The law applies when the owner fails to secure the dog or knows the dog has been designated dangerous. A dog is considered dangerous in Texas if it has attacked a person without provocation or behaves in a way that makes future attacks likely.
When Can a Dog Owner Face Criminal Charges for a Dog Attack in Texas?
Lillian's Law creates two paths to a Texas dog bite felony charge. Both require that the attack was unprovoked and caused serious bodily injury or death.
Criminal Negligence by the Dog Owner
The first path applies when a dog owner, with criminal negligence, fails to secure a dog that then attacks someone away from the owner's property. Criminal negligence, as defined by Texas Penal Code Section 6.03, means the owner's conduct represented a gross departure from the standard of care that an ordinary person would follow.
A dog escaping through a broken fence in a Houston neighborhood like Spring Branch or Alief, and then attacking a pedestrian on a public sidewalk, could meet this standard if the owner knew about the broken fence and failed to repair it.
Owner of a Declared Dangerous Dog
The second path applies when the owner already knows the dog has been officially declared dangerous. If that dog attacks someone outside of a secure enclosure and causes serious injury or death, the owner faces felony charges regardless of whether the failure to contain the dog was negligent.
Harris County maintains a dangerous dog registry, and BARC Animal Shelter and Adoptions handles aggressive dog declarations within Houston city limits. Once an owner receives notice that their dog is dangerous, the legal obligations change significantly.
What Are the Penalties for a Lillian's Law Conviction in Texas?
The consequences of a conviction are severe and carry a permanent criminal record.
- Third-degree felony if the attack causes serious bodily injury: 2 to 10 years in prison and a fine of up to $10,000
- Second-degree felony if the attack causes death: 2 to 20 years in prison and a fine of up to $10,000
- Court-ordered destruction of the dog may follow a conviction
These penalties apply to the dog's owner specifically. Criminal negligence for dog owners in Texas does not require proof that the owner intended for the attack to happen. The charge focuses on whether the owner's failure to secure the dog was a gross departure from reasonable care.
How Does Texas Law Define a Dangerous Dog?
Texas Health and Safety Code Section 822.041 provides the legal definition. A dog qualifies as dangerous if it meets either of two conditions:
- The dog has made an unprovoked attack on a person, causing bodily injury, and the attack occurred outside of a secure enclosure designed to prevent the dog from escaping.
- The dog has committed unprovoked acts in a place other than a secure enclosure that cause a reasonable person to believe the dog will attack and cause bodily injury.
Once a dog is declared dangerous, the owner must comply with specific requirements or face additional legal consequences.
Registration, Insurance, and Containment Rules for Dangerous Dogs
Texas law places strict obligations on owners of declared dangerous dogs. These requirements exist to prevent future attacks and establish accountability if one occurs.
- Register the dog with the local animal control authority or sheriff's office
- Restrain the dog at all times on a leash when outside a secure enclosure
- Purchase $100,000 in liability insurance specific to the dog, or show financial ability to cover potential damages
- Maintain a secure enclosure that prevents the dog from escaping and protects the public
Failure to follow these requirements can lead to both criminal charges and civil liability if the dog attacks again. In Houston, residents can report violations or file complaints by calling 311 to reach BARC Animal Enforcement.
Why Are Dog Attack Cases Involving Criminal Liability Are More Complex?
When Lillian’s Law applies, a case may involve both:
- A criminal prosecution against the dog owner
- A civil injury claim for compensation
These cases require coordination between evidence used in both processes and careful documentation of how the attack occurred.
Insurance companies often delay or dispute claims when criminal charges are involved, making early legal guidance especially important.
Ask Suits & Boots About Dog Attack Criminal Liability and Civil Claims in Texas
Q: Can a dog owner go to jail if their dog bites someone in Texas?
A: Yes. Lillian's Law makes it a felony for a dog owner to fail, with criminal negligence, to secure a dog that then causes serious bodily injury or death in an unprovoked attack off the owner's property. A third-degree felony conviction carries 2 to 10 years in prison. If the victim dies, the charge increases to a second-degree felony with up to 20 years.
Q: What is the difference between a criminal and civil dog bite case in Texas?
A: A criminal case is brought by prosecutors and can result in prison time and fines for the dog's owner. A civil case is brought by the victim and seeks financial compensation for medical bills, lost wages, pain and suffering, and other losses. Both cases can proceed at the same time, and a criminal conviction may help strengthen the civil claim.
Q: Does Texas follow the one-bite rule for dog attacks?
A: Texas applies a version of the one-bite rule for civil liability, meaning the victim generally needs to show that the owner knew or should have known the dog was dangerous. However, Lillian's Law operates separately on the criminal side and does not require proof of prior bites. It focuses on whether the owner acted with criminal negligence in failing to secure the dog.
How to Protect a Dog Attack Claim in Houston
If you or a family member has been injured in a dog attack, these steps may help support both a potential criminal case and a civil injury claim.
- Report the attack to Houston animal control. Call 311 within city limits to reach BARC Animal Enforcement. Outside city limits, contact Harris County Veterinary Public Health. This report creates an official record and triggers the mandatory 10-day quarantine.
- Seek medical treatment and keep all records. Dog bite injuries treated at Houston emergency rooms like Ben Taub, Memorial Hermann, or Texas Children's Hospital generate the medical documentation that forms the foundation of a damages claim.
- Photograph injuries and the location of the attack. Images of wounds, the property where the dog escaped, broken fencing, and the surrounding area help establish the conditions that contributed to the attack.
- Contact a personal injury attorney before speaking with the dog owner's insurance company. Early statements made without legal guidance may be used to minimize or deny a claim. Working with an experienced lawyer who can handle all insurance communications can protect your claim against aggressive adjusters.
Thorough documentation from the very beginning gives both prosecutors and your legal team the evidence needed to hold a negligent dog owner accountable.
FAQs About Lillian's Law and Texas Dog Attacks Answered by Our Houston Attorneys
Does Texas have strict liability for dog bites?
Texas does not apply blanket strict liability to dog bites. Civil claims typically require showing that the owner knew or should have known the dog was dangerous, or that the owner was negligent in controlling the animal.
However, once a dog has been officially declared dangerous, the owner faces a heightened standard of care that functions similarly to strict liability if the dog attacks again.
Can a landlord be held responsible for a tenant's dog attack in Houston?
A landlord may face liability if they knew about a tenant's dangerous dog in a common area and failed to act. The key factors are whether the landlord had actual knowledge of the danger, whether they had the ability to address it, and whether the attack happened on property the landlord controlled. Prior tenant complaints about the dog can serve as evidence of that knowledge.
How long do I have to file a dog bite lawsuit in Houston?
The statute of limitations for a personal injury claim in Texas is two years from the date of the attack, as set by Texas Civil Practice and Remedies Code Section 16.003. Waiting too long can result in losing the right to file a civil lawsuit, even if a criminal case is still active.
Can I sue the dog owner even if criminal charges are not filed?
Yes. A civil personal injury claim and a criminal prosecution are separate legal processes. Victims can pursue compensation for medical expenses, lost income, scarring, pain and suffering, and emotional distress through a civil lawsuit regardless of whether the Harris County District Attorney's office files criminal charges against the owner.
Your Family's Safety Is Worth Fighting For
A dog attack can leave lasting physical and emotional scars, especially when a child or an elderly family member is the victim. The legal process that follows can feel just as daunting as the recovery itself.
Suits & Boots Accident Injury Lawyers uses our Max Money Method to build dog bite cases that capture the full cost of what happened, from emergency room bills to the emotional toll of the attack. Our 30-Day Investigation gives you answers with no cost and no obligation.
Start your free investigation and let the work of the Boots and the skill of the Suits fight for your family.