In Texas, the general statute of limitations for filing a personal injury lawsuit after a dog bite is two years from the date the injury occurred. If a person fails to file a lawsuit within this two-year window, they will likely lose their legal right to seek compensation for medical bills, lost wages, and pain and suffering, which is why contacting a Houston dog bite lawyer early matters. While two years may seem like a long time, building a strong case requires acting much sooner to preserve evidence and track down witnesses.
Key Takeaways about Texas Statute of Limitations for Dog Bite Lawsuits
- Two-Year General Rule: The Texas Civil Practice and Remedies Code establishes a two-year deadline for personal injury claims, including dog bites.
- Exceptions Exist: Specific circumstances, such as the victim being a minor at the time of the attack, may pause or extend the filing clock.
- Evidence Degrades: Waiting to take action often results in lost surveillance footage, fading witness memories, and difficulty proving liability.
- Case Dismissal Risk: Courts almost always dismiss lawsuits filed after the statute of limitations has expired, leaving the injured party with no financial recourse.
- Insurance Delays: Insurance adjusters may intentionally drag out the claims process hoping the injured party misses the filing deadline.
Understanding the Texas Dog Bite Statute Limitations
A "statute of limitations" is a state law that sets a strict time limit on your right to bring a lawsuit to court. These laws exist to ensure fairness. Over time, evidence gets lost, and memories fade, making it harder to have a fair trial. In Texas, the law treats a dog bite like other personal injury cases.
In Texas, a person must bring suit for personal injury no later than two years after the day the cause of action accrues. In plain English, this means the clock usually starts ticking the moment the dog attacks you.
Many people mistakenly believe they have plenty of time. They might focus entirely on healing physically, thinking they can deal with the legal side later. However, the Texas dog bite statute limitations are unforgiving. If you try to file a lawsuit two years and one day after the attack, the court will likely throw your case out immediately, regardless of how severe your injuries are or how clearly the dog owner was at fault.
Why the Clock Starts Ticking Immediately
The two-year deadline is the absolute final cutoff, but waiting until the last minute is rarely a good idea. The strength of a dog bite claim often depends on the investigation that happens in the weeks and months following the incident, particularly when establishing negligence in Houston dog bite cases.
Successful claims rely on solid proof. To get full compensation, an injured person needs to prove that the dog owner was negligent or knew the dog was dangerous. This requires gathering specific types of evidence that can disappear quickly.
Here are common pieces of evidence that can vanish if you wait too long:
- Surveillance Footage: Home security cameras or business CCTV systems often write over old footage within days or weeks.
- Witness Availability: People move away, change phone numbers, or simply forget the specific details of what they saw during the attack.
- Physical Evidence: Signs of a broken fence or a lack of "Beware of Dog" signs might be fixed or changed by the owner shortly after the incident.
- Animal Control Records: Reports from local agencies need to be requested and reviewed to see if the dog has a history of aggression.
Collecting this information right away creates a much stronger foundation for a claim than trying to dig it up months later.
Exceptions to the Rule: When the Deadline Might Change
While the two-year rule applies to most cases, Texas law recognizes that there are situations where strictly applying this deadline would be unfair. These exceptions can "toll" (pause) the statute of limitations. However, these are specific legal exceptions, and assuming they apply to your case without checking can be risky.
Claims Involving Minors
Children are, unfortunately, common targets for dog attacks. Under Texas law, a minor (someone under the age of 18) does not have the legal capacity to file a lawsuit on their own. Therefore, the law allows for the clock to be paused until they turn 18.
For a child injured by a dog, the dog bite injury filing deadline that Texas laws enforce typically does not begin until their 18th birthday. This means they generally have until their 20th birthday to file a lawsuit. one-bite rule and dog owner liability can still affect how responsibility is evaluated, but parents often choose to file a claim on the child's behalf much sooner to recover costs for medical treatment paid by the family.
The Discovery Rule
In very rare instances, an injury resulting from a dog bite might not be immediately obvious. This is sometimes referred to as the "Discovery Rule." This legal concept allows the clock to start when the victim discovered, or reasonably should have discovered, the injury.
For example, if a dog bite caused a slow-developing infection or a disease that was not diagnosed until months later, an argument could be made that the clock starts at the date of diagnosis. This is difficult to prove in court, so relying on this exception is not recommended unless absolutely necessary.
When the Defendant Leaves the State
If the dog owner (the defendant) leaves Texas after the attack but before a lawsuit can be filed, the time they spend outside the state might not count toward the two-year limit. This prevents people from fleeing the state just to wait out the clock and avoid responsibility.
The Danger of Waiting: Insurance Company Tactics
Understanding the time limit for filing a dog bite lawsuit in Texas is crucial because insurance companies know the law very well. Their goal is to pay out as little as possible, or nothing at all, which often leads people to worry about dog bite lawsuit cost when deciding how to move forward. When an injured person does not have legal representation, adjusters may use delay tactics.
An adjuster might seem friendly and helpful. They might say, "Don't worry, we are processing your claim," or ask for unnecessary paperwork just to eat up time. They might drag out settlement negotiations for months. If they can stall until the two-year mark passes, they have won. Once the statute of limitations expires, the threat of a lawsuit is gone, and the insurance company has zero incentive to offer a fair settlement.
This is why filing a lawsuit is often necessary even if you are hoping to settle out of court. Filing the suit protects your rights and stops the clock, keeping the pressure on the insurance company to treat you fairly.
What Happens if You Miss the Deadline?
If you miss the Houston dog attack claim deadline, the consequences are usually permanent. The defendant's lawyer will file a “Motion to Dismiss” based on the expiration of the statute of limitations, which is why you need a personal injury lawyer involved before deadlines pass. Texas judges are required to follow the law, and in almost every case, they will grant this motion.
Here is what typically happens after a missed deadline:
- Case Dismissal: The court formally closes your case, and you cannot reopen it.
- Loss of Leverage: Even if you are trying to negotiate a settlement, the insurance company will stop talking to you because you no longer have the power to take them to court.
- Financial Responsibility: You become solely responsible for all past and future medical bills, lost income, and other costs related to the injury.
A missed deadline dog bite claim is a tragedy because it lets the negligent party off the hook simply because of a procedural error.
Proving Liability in Texas Dog Bite Cases
Filing on time is only half the battle. You also have to prove the dog owner is liable for your injuries. Texas follows a "negligence" standard and also looks at what is known as the "One Bite Rule" (though this is a bit of a misnomer).
To win a case, you generally need to show that the owner knew the dog was dangerous or that the owner was negligent in handling the animal, which is often when people ask Should I ask a personal injury lawyer. This is different from some states that have “strict liability,” where the owner is automatically at fault.
In Texas, evidence of negligence might include:
- Leash Law Violations: Harris County and the City of Houston have strict leash laws. If the dog was roaming free, that is strong evidence of negligence.
- Prior Aggression: Showing the dog has bitten someone before or has a history of aggressive behavior.
- Inadequate Containment: Proving the fence was broken or the gate was left open.
- Mishandling: Proving the owner failed to control the dog in a public space.
Gathering this proof takes time, which brings us back to the importance of starting the investigation early.
Steps to Take Following a Dog Attack
Once the immediate emergency is over and the injured person is stable, the work of building a case begins. The actions taken in the days following the incident can make or break the claim.
First, report the incident to the local animal control agency. In Houston, you would contact BARC Animal Shelters and Adoptions or the Harris County Sheriff’s Office if you are outside city limits. This creates an official government record of the attack.
Second, document everything. Do not rely on memory.
Here is a checklist of items to document immediately:
- Photographs: Take clear photos of all injuries, the location of the attack, and the dog (if safely possible).
- Clothing: Keep the bloody or torn clothing unwashed in a sealed bag; this is physical evidence.
- Medical Records: Keep copies of all discharge papers, prescriptions, and bills.
- Journaling: Write down the daily pain levels and how the injury affects work and daily life.
These steps help construct a timeline and a body of evidence that will be vital when filing the lawsuit before the Texas dog bite statute of limitations expires.
Why Early Legal Intervention Matters
Many people hesitate to call a lawyer because they think they can handle it themselves, or they are worried about the cost. However, personal injury lawyers typically work on a contingency fee basis, meaning they only get paid if they win money for the client.
Getting a lawyer involved early changes the dynamic. A lawyer can issue preservation letters to stop the owner from destroying evidence. They can locate witnesses before they move away. Most importantly, they calculate the true statute of limitations, accounting for any government holidays or weekends that might affect the final filing date.
Waiting creates unnecessary stress. Handing the legal burden over to a professional allows the injured person to focus on recovery while someone else watches the calendar and fights for the compensation they deserve.
Texas Dog Bite Statute Limitations FAQs
To provide more clarity, we have answered some common questions about the legal deadlines for dog bite lawsuits.
Can I sue if the dog was owned by a government entity?
Yes, but the rules are different. Under the Texas Tort Claims Act, if the dog belonged to a city, county, or state entity (like a police dog), you have a much shorter window to file a notice of claim—sometimes as short as 90 days or 6 months, depending on the municipality.
Does the two-year limit apply to wrongful death from a dog attack?
Yes. If a loved one passes away due to a dog attack, the family generally has two years from the date of death to file a wrongful death claim. This date might be different from the date of the attack if the victim survived for a period in the hospital.
What if I don't know who owns the dog?
You should still act quickly. An investigation can often help identify the owner of a stray or loose dog through microchip records, neighborhood canvassing, or social media posts. However, the two-year clock does not stop just because the owner is unknown.
Can I restart the clock if I was negotiating with insurance?
No. Negotiating with an insurance adjuster does not pause or restart the statute of limitations. Unless you have a signed written agreement from the other side waiving the statute of limitations (which is extremely rare), the deadline remains firm regardless of ongoing talks.
Get the Boots on the Ground for Your Case
Dealing with a dog attack is painful and disruptive. You shouldn't have to worry about watching the calendar or fighting with insurance adjusters who don't play fair. You need a team that understands the value of hard work and legal strategy.
At Suits & Boots Accident Injury Lawyers, we combine the grit of the Boots with the skill of the Suits. We know that the "free consultation" at some firms is often all hat and no cattle, offering little real help. That is why we do things differently. We offer a no-cost, no-obligation 30-Day Investigation into your case. We dig deep to find the evidence, identify the liable parties, and use our Max Money Method to push for the full compensation you are owed. We don't bluff, and insurance companies know it.
We want to help you heal and move forward with financial security. Don't let the clock run out on your rights. Let us saddle up and get to work for you. Claim or start your free Investigation with Suits & Boots today by contacting us at (713) 489-0922 or through our online form.