Severely Injured by a Dog Bite in San Antonio? Texas Law Favors Victims.
A sudden, unprovoked animal attack is a traumatic event that leaves both physical and emotional scars. In an instant, a dog can inflict deep puncture wounds, crush bones, cause severe facial lacerations, and transmit dangerous infections. For children, the injuries are often to the face, neck, and head, leading to permanent disfigurement and a lifelong fear of animals. Texas has specific laws that protect victims of dog bites and animal attacks, but navigating these cases requires an attorney who understands how to prove the owner’s liability—whether under the state’s unique “one-bite” rule or through theories of negligence.
At Barton & Associates, our San Antonio dog bite lawyers are dedicated to helping victims and families recover from these devastating attacks. We know the tactics insurance companies use to blame the victim and avoid paying fair compensation. We conduct thorough investigations to establish the dog’s dangerous history and the owner’s negligence, fighting aggressively to secure the funds needed for reconstructive surgery, medical treatment, therapy for PTSD, and compensation for your pain and suffering.
Understanding Texas Dog Bite Law: The “One-Bite” Rule & Beyond
Unlike many states with “strict liability” statutes, Texas follows a modified “one-bite” rule under Chapter 822 of the Texas Health and Safety Code. This does not mean a dog gets one free bite. It means that to hold an owner liable, we generally must prove the owner knew or should have known the dog was dangerous. We can establish this “scienter” (knowledge) in several key ways:
- Prior Bite History: The dog has bitten someone before.
- Prior Aggressive Behavior: The dog has acted in a manner that would cause a reasonable person to believe it was dangerous (e.g., growling, snapping, lunging at people, escaping to chase).
- The Dog’s Breed or Propensity: While breed alone is not determinative, evidence that the owner knew the dog belonged to a breed with known aggressive tendencies can support a claim.
Crucially, we can also pursue a claim under simple negligence principles. This involves proving the owner failed to use ordinary care in controlling the dog or preventing the attack, such as:
- Letting a dangerous dog run loose off-leash.
- Failing to repair a fence the dog was known to escape from.
- Violating a local leash law or ordinance.
The Severe & Lasting Injuries from Dog Attacks
Dog bites are not simple injuries. The crushing force of a dog’s jaw and the tearing motion can cause:
- Severe Lacerations & Tissue Damage: Requiring extensive stitches, plastic surgery, and skin grafts. These often leave permanent, disfiguring scars.
- Nerve Damage & Loss of Function: Bites to the hands, arms, or face can damage nerves, leading to chronic pain, numbness, or loss of motor function.
- Fractures & Crush Injuries: Especially common when a large dog attacks a child or knocks a person down.
- Infections: Dog mouths contain bacteria like Pasteurella, Staphylococcus, and Capnocytophaga, which can lead to serious, hard-to-treat infections. Rabies, while rare, is a concern if the dog’s vaccination status is unknown.
- Emotional & Psychological Trauma: Victims, especially children, often develop Post-Traumatic Stress Disorder (PTSD), a debilitating fear of dogs (cynophobia), nightmares, and anxiety.
What to Do Immediately After a Dog Bite Attack in San Antonio
Your actions right after the attack are vital for your health and your legal case:
- Identify the Dog & Owner: Get the owner’s name, address, and phone number. Ask for proof of the dog’s rabies vaccination. If the dog is a stray, try to safely note its description and direction of travel.
- Seek Immediate Medical Attention: Go to an urgent care clinic or emergency room. Dog bite wounds require professional cleaning, debridement, antibiotics, and often tetanus shots. A medical record created immediately links your injuries directly to the attack.
- Report the Attack: Call 311 or the San Antonio Animal Care Services to file an official report. This creates a public record of the incident and may trigger a dangerous dog investigation.
- Document Everything: Take clear photos of your injuries from multiple angles, the location of the attack, the dog itself (if safe), and any broken fences or leashes. Continue taking photos throughout the healing process to show scarring.
- Gather Witness Information: Get names and contact details of anyone who saw the attack or has seen the dog act aggressively in the past.
- Preserve Evidence: Do not wash or discard the clothing you were wearing. It may contain saliva or other evidence.
- Do NOT Speak to the Dog Owner’s Insurance Company: The homeowner’s or renter’s insurance provider will contact you. Do not give a recorded statement or accept a quick settlement. They will try to get you to say you provoked the dog.
- Contact a Dog Bite Attorney: Call Barton & Associates. We can immediately begin investigating the dog’s history and the owner’s negligence before memories fade and evidence disappears.
How Barton & Associates Builds a Strong Dog Bite Case
We take a proactive, evidence-based approach to prove the owner’s liability and maximize your compensation:
- Investigating the Dog’s History: We subpoena records from Animal Control, interview neighbors, and review veterinary records to uncover prior bites, complaints, or evidence the owner knew the dog was aggressive.
- Establishing Negligence: We gather evidence of the owner’s careless actions: photos of a broken fence, testimony that the dog was often off-leash, or proof they violated a leash law in a city park.
- Working with Medical Experts: For severe injuries, we work with plastic surgeons and infectious disease specialists to document the need for future reconstructive surgeries and the risk of long-term complications.
- Consulting Mental Health Professionals: For PTSD and emotional trauma, we work with psychologists to document the ongoing psychological impact of the attack.
- Calculating Comprehensive Damages: We fight for all applicable compensation:
- All Medical Expenses (emergency care, surgery, antibiotics, future scar revision)
- Lost Wages from missed work during recovery
- Physical Pain and Suffering
- Mental Anguish & Emotional Distress (PTSD, anxiety, fear)
- Disfigurement & Permanent Scarring (a major factor in facial bite cases)
- Property Damage (torn clothing, broken glasses)
Overcoming the Insurance Company’s Defense Tactics
The insurer’s primary strategy is to argue “provocation” or “assumption of risk.” They will claim you teased the dog, trespassed, or otherwise caused the attack. We counter this by:
- Gathering witness statements that you acted calmly.
- Showing you were lawfully on the property (as a mail carrier, guest, or in a public space).
- Arguing that even if there was minor provocation, the dog’s violent response was disproportionate and the owner’s negligence was the primary cause.
Special Considerations for Child Victims
Children are the most frequent and severely injured victims of dog attacks. Their cases require particular sensitivity and a focus on the future. We fight to secure funds for:
- Long-term, staged plastic surgeries as the child grows.
- Psychological counseling for trauma.
- Compensation for the permanent social and emotional challenges caused by facial scarring.
The Barton & Associates Difference
- Knowledge of Local Ordinances: We know the leash laws and dangerous dog regulations in San Antonio and Bexar County.
- Compassionate Advocacy: We understand the fear and trauma you are experiencing and provide supportive guidance throughout the legal process.
- Proven Record of Success: We have a history of securing fair settlements and verdicts for dog bite victims, including children.
Don’t Let a Dog Owner’s Negligence Leave You with Lifelong Scars
The insurance company’s first offer will not account for future surgeries, therapy, or the true impact of permanent scarring. They want to close the file quickly and cheaply.
We assess the full, long-term value of your claim. Our goal is a settlement or verdict that provides for your complete recovery and compensates you fairly for the disfigurement and trauma you did not deserve.
Contact Our San Antonio Dog Bite & Animal Attack Law Firm Today
If you or your child has been bitten, knocked down, or otherwise attacked by a dog in San Antonio, you have rights under Texas law. The deadline to file a lawsuit is limited, and evidence of the dog’s past behavior can disappear.
You should not bear the cost of a reckless owner’s failure to control their animal.
Call Barton & Associates, Attorneys at Law, now at 210-500-0000 for a free, confidential consultation. We will listen to your story, explain your legal options, and begin the work of holding the negligent dog owner accountable.
Main Category: Personal Injury
Practice Area Category: Workplace & On-Site Injuries
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000