Frisco Dog Bite Lawyer | Frisco Dog Mauling Lawsuit | Frisco Dog Attack Attorney
Collin 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 Arlington located at Texas Department of State Health Services, Zoonosis Control, 1301 South Bowen Road, Suite 200, Arlington, Texas 76013 - (817) 264-4920 for all of your needs and questions.
Responsible Dog Ownership in Frisco Definitely Can Reduce Frisco 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 Frisco, 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 Frisco Area include:
3333 Preston Road
Frisco, TX 75034
11576 Balcones Drive
Frisco, TX 75034
Ruff Range Dog Park
Redding Trail Dog Park
14677 Proton Drive
Addison, TX 75244
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 Frisco 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 Frisco 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 Frisco dog bite injury lawyer to fight your claim successfully, and you deserve compensation for your injuries.
Frisco 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, Frisco has an ordinance requiring that dogs be "restrained" at all times. Furthermore, Frisco 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 Frisco or Collin County, you should contact a local Frisco 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 Frisco residents from dogs that attack when not reasonably secured and allows Frisco dog bite lawyers to sue the dog owners despite lack of previous history of aggression or any provocation from the injury victim. Call a Frisco 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
(a) It shall be unlawful for any person to own, keep or harbor a dangerous animal within the Frisco City limits, except as provided in this section.
(b) For the purposes of this section, a person learns that the person is the owner/custodian of a dangerous animal when the:
(1) Owner/custodian knows of an attack committed by the animal as described in the definition of "dangerous animal" in section 14-3 above; or
(2) Owner/custodian is informed by the court of competent jurisdiction that the animal is a dangerous animal.
(c) If the licensee or owner/custodian of a dangerous animal is a minor, the parent or guardian of the minor shall be liable for all costs, injuries and property damage sustained by any person or domestic animal in an unprovoked attack by the dangerous animal.
(d) Should any person desire to file a complaint concerning an animal which is believed to be a dangerous animal, a sworn, written complaint must be first filed with animal control and include the following:
(1) Name, address and telephone number of complainant and other witnesses;
(2) Date, time and location of any incident involving the animal;
(3) Description of the animal;
(4) Name, address and telephone number of the animal's owner, if known;
(5) A statement describing the facts upon which such complaint is based; and
(6) Statement describing any incidents where the animal has exhibited dangerous propensities in past conduct, if known.
(e) If a person reports an incident described by the definition of "dangerous animal" in section 14-3 above, animal control may investigate the incident. Animal control shall accept sworn statements from all victims and witnesses to the attack.
(f) After a sworn complaint is filed, it shall be referred to the court of competent jurisdiction to set a time and place for a hearing not to exceed 20 days from the date and time the complaint is received. The animal control officer, or his/her designee, shall give notice of the hearing to the animal's owner at least ten days prior to the hearing date. After the owner of the animal is notified, the owner shall immediately surrender such animal to an animal control officer to keep such animal at the City of Frisco's Animal Shelter or at a veterinarian's clinic at the owner's expense, until such time the hearing is held by the court of competent jurisdiction. The owner is liable for all fees and citations pertaining to the animal's impoundment. Each day the animal has not been surrendered to animal control shall constitute a separate offense.
(1) Any interested party, including the City of Frisco City Attorney, is entitled to present evidence at the hearing.
(2) The court of competent jurisdiction shall receive testimony at the hearing to determine if the animal specified in the complaint is a dangerous animal and should be permanently removed from the City of Frisco, euthanized, or registered as a dangerous animal for the protection of the public health, safety and welfare of the community. To order euthanasia, removal, or registration as a dangerous animal for the public health, safety and welfare, the court of competent jurisdiction must find the following facts to be true:
a. The animal is a dangerous animal; and
b.The euthanasia, removal, or registration of a dangerous animal is necessary to preserve the public health, safety and welfare of the community.
(3) If the court of competent jurisdiction finds the animal to be dangerous, the owner shall have a microchip inserted into the dangerous animal by a licensed veterinarian and provide animal control with the alphanumeric combination code contained in the microchip within ten days to assist in the identification of the dangerous animal. The owner of the dangerous animal shall assume all responsibility for microchipping their animal, including all costs. The dangerous animal must also be made available, at any time, to animal control to verify the microchip data by scanning the animal. Failure to microchip, show proof of microchipping, or make the animal available for scanning shall constitute separate offenses.
(4) If the court of competent jurisdiction orders destruction, removal or registration of the animal and the owner is not present at the hearing, the owner shall be given notice of the decision. If the destruction, removal or registration of the animal is not ordered, the City of Frisco's Animal Control Officer or other city-authorized person shall return the animal to the owner upon the owner's payment of all fees to the City of Frisco and its authorized agents. If the court of competent jurisdiction orders the animal removed from the City of Frisco, the owner has ten days to do so. The owner shall furnish animal control and/or other city-authorized designee evidence of such removal within ten days thereof.
(5) A person commits an offense if he/she possesses and fails to release to the City of Frisco's Animal Control Authority, or veterinarian as approved by animal control, an animal that has been charged by sworn complaint as provided in subsection (d) of this section and whose euthanasia or removal has been ordered by the court of competent jurisdiction; provided that such euthanasia or removal order has not been appealed. Each day the animal has not been released to the City of Frisco's Animal Control Authority or approved veterinarian shall constitute a separate offense.
(g) An owner or person filing the action may appeal the decision of the court of competent jurisdiction in the manner provided for the appeal of cases from the court of competent jurisdiction within five days of the decision.
(h) The City of Frisco may, after notification an animal has been declared a dangerous animal, provide public notice of the declaration.
(1) The declaration shall include the dangerous animal's description, place of residence, and any other public information the City of Frisco deems relevant to maintain the public health, safety and welfare.
(2) The City of Frisco may provide notice of the dangerous animal by, but is not limited to, publishing notice in a newspaper or other periodical or circular in circulation in the area where the dangerous animal resides, holding a neighborhood meeting, posting notices in the area where the dangerous animal resides, or posting notice on the City of Frisco website.
(3) For purposes of determining liability, the release or withholding of information by an appointed or elected official of the City of Frisco is a discretionary act.
(i) It is a defense to the determination of an animal as dangerous that:
(1) The threat, injury or damage was sustained by a person who at the time was committing a willful trespass or other tort upon the premises occupied by the owner of the animal;
(2) Person was teasing, tormenting, abusing or assaulting the animal or has, in the past, been observed or reported to have teased, tormented, abused or assaulted the animal;
(3) Person was committing or attempting to commit a crime;
(4) Animal(s) attacked or killed was at the time teasing, tormenting, abusing or attacking the alleged dangerous animal;
(5) Animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault;
(6) Animal was injured and responding to pain; or
(7) Animal at issue is a trained guard animal in the performance of official duties while confined or under the control of its handler.
(j) It is a defense to prosecution under this section that the:
(1) Person is a veterinarian, a peace officer, a person employed by a recognized animal shelter or person employed by the state, or a political subdivision of the state, to deal with stray animals and has temporary ownership, custody or control of the animal; provided, however, that for any person to claim a defense in this subsection, that person must be acting within the course and scope of his or her official duties as regards to the dangerous animal;
(2) Person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses animals for law enforcement or corrections purposes; provided, however, that for any person to claim a defense in this subsection, that person must be acting within the course and scope of his or her official duties as regards to the dangerous animal; or
(3) Person is a trainer or an employee of a guard animal company under the Private Investigators and Private Security Agencies Act in V.T.C.A., Occupation Code ch. 1702, as it exists or may be amended; provided, however, that for any person to claim a defense in this subsection, that person must be acting within the course and scope of his/her official duties as regards to the dangerous animal.
(k) Requirements for any dangerous animal within the Frisco City limits the owner must comply with all of the following:
(1) Register the dangerous animal with animal control within 30 days of entering the City of Frisco city limits or of being determined as a dangerous animal by the court of competent jurisdiction. The dangerous animal registration is valid for one year from the date of issue for the original owner and is not transferable;
(2) Present proof of current rabies vaccination;
(3) Provide proof of liability insurance in a single incident amount of $100,000.00 for bodily injury or death of any person or persons, of for damage to property owned by any person which may result from the ownership of such animal;
(4) Maintain on the dangerous animal at all times a fluorescent orange colored ID collar visible at 50 feet in normal daylight and a tag that provides the animal control issued registration number of the dangerous animal, along with the owner's name, current address and current telephone number so the animal can be identified;
(5) Keep all dangerous animals securely confined indoors or in a secure enclosure behind the front building line, except when leashed as provided herein;
(6) Not keep a dangerous animal on a porch, patio or in any part of a house or structure that would allow the animal to exit such building of its own volition. In addition, no dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the animal from exiting the structure;
(7) Prevent a dangerous animal from going outside its secure enclosure, unless such animal is securely leashed with a leash not longer than six feet in length and in the immediate control of a person;
(8) Prevent a dangerous animal from going outside its secure enclosure, unless such animal is muzzled in a manner that will not cause injury to the animal, nor interfere with its vision or respiration but shall prevent it from biting any person or animal when the dangerous animal is taken out of its secure enclosure for any reason;
(9) Display in a conspicuous place on their premises a sign that is easily readable by the public using the words "Beware — dangerous animal". The sign shall be no smaller than one foot (12 inches × 12 inches) total area, with alphabetic letters with no less than one-inch height. A similar, easily readable sign with a total area of 18 inches shall be posted on the enclosure or pen of such dangerous animal and posted on all entrances to the dwelling, building or structure;
(10) Provide to animal control a minimum of two current color photographs of the dangerous animal in two different poses (front and side views) showing the color, any specific markings, and the approximate size of the dangerous animal;
(11) Have a microchip inserted into the dangerous animal by a licensed veterinarian and provide animal control with the alphanumeric combination code contained in the microchip within ten days. The dangerous animal must also be made available, at any time, to animal control to verify the microchip data by scanning the animal;
(12) Report any attack(s) the dangerous animal makes on any person or animal as soon as possible, but not later than 24 hours from the time of the incident;
(13) Report to animal control in writing within ten calendar days that:
a. The dangerous animal has been removed from the City of Frisco, along with the new owner's name, current address and current telephone number;
b. The dangerous animal has died; or
c. The dangerous animal has moved within the City of Frisco, along with the new owner's name, current address and current telephone number. The new owner must comply with this section and re-register the dangerous animal with animal control.
(14) Comply with the ownership requirements listed above. If the owner of a dangerous animal fails to comply with the ownership requirements, the owner or harborer will be given written notice that if the animal is not surrendered to animal control for impoundment within seven calendar days, then the dangerous animal may be destroyed wherever it is found. After this written notice, the dangerous animal may be destroyed during an attempt to impound, if impoundment cannot be made safely, wherever the impoundment is attempted. A written notice left at the entrance to the premises where the dangerous animal is kept or harbored will be considered valid notice under this subsection.
(l) Search and seizure. Animal control officers, Frisco Police Officers, the LRCA, and other city-authorized personnel shall be authorized to obtain a search and seizure warrant if there is reason to believe that:
(1) An animal ordered to be removed from the City of Frisco for being dangerous has not been so removed;
(2) An animal ordered to be euthanized for being dangerous has not been so euthanized;
(3) An owner has failed to comply with one or more of the requirements for registering a dangerous animal according to subsection (k); or
(4) A dangerous animal seized and impounded under this section shall not be returned to the owner until the owner complies with all requirements for ownership of a dangerous animal as determined by the court of competent jurisdiction. If all the fees have not been paid and all requirements have not been met within ten days, the dangerous animal may be humanely euthanized.
(m) Violation. A person commits an offense if the person is the owner of a dangerous animal and the dangerous animal makes an unprovoked attack on another person outside of the animal's secure enclosure and causes bodily injury to the other person.
(n) Other violations. A person who owns or keeps custody or control of a dangerous animal commits an offense if the person fails to comply with any provision of this section. An offense under this section is a class C misdemeanor:
(1) An offense under this section is a class C misdemeanor, unless the attack causes serious bodily injury or death, in which event the offense is a class A misdemeanor, unless otherwise classified by state law.
(2) If a person is found guilty of an offense under this section, the court may order the dangerous animal destroyed by a person listed in V.T.C.A., Health and Safety Code § 822.004, as it currently exists or may be amended.
(3) In addition to criminal prosecution, a person who commits an offense under this section is liable for a civil penalty not to exceed $10,000.00. The City of Frisco Attorney may file suit in a court of competent jurisdiction to collect the penalty. Penalties collected under this subsection shall be retained by the City of Frisco.
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 a Frisco 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 Frisco 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 Frisco or Collin County, TX, please contact one of the experienced Frisco 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 Frisco Planning and Development Services Department (contact information below).
- Seek the help of a Frisco 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 Frisco area or Collin County dog bite or ask other questions pertaining to veterinary public health, do not hesitate to contact the Collin County Planning and Development Services Department office at:
A variety of animal training classes and services are offered by the Frisco Humane Society. The Frisco Humane Society may be reached at:
Frisco Humane Society
Contact one of the experienced Frisco dog bite lawyers above for a consultation regarding your claim.
Personal Injury Attorneys Serve Frisco and Surrounding Cities
Serving clients throughout Central Texas, including Allen, Colony, Hackberry, Hebron, Lakewood Village, Lewisville Lake, Lincoln Park, Little Elm, Navo, Oak Point, Plano, Prosper, Providence Village, Savannah, The Colony and other communities in Collin County and Denton County.
If you or a loved one has suffered an injury, please contact one of the experienced Collin County dog bite lawyers listed on this page.