Dog bites are different from most other injury cases. They're personal. The trauma lingers long after the wounds heal. And the laws around dog owner liability vary significantly between Texas and New Mexico. We handle these cases with the care, attention, and aggression they deserve.
Texas dog bite law
Texas does not have a statewide "strict liability" law for dog bites. Instead, Texas follows what's sometimes called the "one-bite rule" — meaning an owner can be liable if they knew or should have known their dog was dangerous.
Texas victims can recover under one of three theories:
- One-bite rule: The owner knew the dog had bitten before, was aggressive, or had dangerous propensities.
- Negligence: The owner failed to use reasonable care to control their dog — letting it run loose, not securing the yard, etc.
- Negligence per se: The owner violated a leash law, animal control ordinance, or other safety regulation.
Some Texas cities also have additional ordinances — including dangerous-dog laws and breed-specific restrictions — that create additional avenues for liability.
New Mexico dog bite law
New Mexico follows a similar approach to Texas but with some important differences. New Mexico courts apply the principle that an owner is liable for damages caused by their dog when the owner knew or should have known the dog was vicious or had a tendency to attack.
In addition, leash-law violations in New Mexico can establish negligence per se — automatically establishing fault when the dog was off-leash in violation of local ordinance.
Both states allow recovery against the dog owner's homeowner's insurance — which is typically where the money comes from in these cases.
What to do after a dog bite
- Get medical care immediately. Dog bites carry serious infection risks (including rabies exposure) and often require stitches or reconstructive surgery.
- Report the bite to local animal control. This creates an official record and starts the dangerous dog evaluation.
- Photograph everything — your wounds, the dog, the location, any blood on clothing.
- Identify the dog's owner. Get their name, address, phone number, and insurance information if possible.
- Get witness contact information.
- Save your clothing as evidence.
- Keep all medical records and bills. Reconstructive surgery, scar revision, psychological treatment.
- Don't talk to the owner's insurance until you have a lawyer.
Damages in dog bite cases
Dog bite cases often involve damages that go well beyond initial medical bills:
- Reconstructive surgery — often multiple procedures over years
- Scar revision — surgical procedures to reduce permanent scarring
- Permanent disfigurement compensation
- Psychological treatment — PTSD and fear of dogs is real and compensable
- Lost wages
- Pain and suffering — often substantial in dog bite cases, especially involving facial injuries
- Future medical care for children whose scarring requires multiple surgeries as they grow
"A dog bite scar is forever. So is the trauma. Compensation should reflect both."
When the victim is a child
Children are bitten by dogs at a disproportionately high rate, and their injuries are often more severe because of their smaller size and proximity to the dog's mouth. Facial bites are especially common — and especially devastating.
Child dog bite cases have unique considerations:
- Statutes of limitations are typically tolled (paused) until the child turns 18 in both Texas and New Mexico
- Future surgeries as the child grows must be accounted for in damages
- Psychological treatment is often necessary and long-term
- Settlements involving minors often require court approval
If you've been hurt, don't wait. Call us now or fill out our free case review form. We listen, evaluate honestly, and tell you what we think — no obligation, no pressure.