Texas is often the number one state in the country for the annual number of fatal dog bite injuries. In an effort to improve public safety in the state when it comes to dangerous dogs, Texas passed Lillian’s Law. Under this law, a pet owner can face criminal charges if found to be “criminally negligent” in allowing a dog to run at large in connection with a violent attack. Make sure to speak with an experienced dog bite injury lawyer in San Antonio for legal guidance and support.
About Lillian’s Law: The Dangerous Dog Law in Texas
Lillian’s Law is named after Lillian Stiles, a 76-year-old woman who was killed by a pack of loose dogs while mowing her lawn. The six dogs were owned by her neighbor and consisted of pit bulls, rottweilers and pit bull-rottweiler mixes.
When Lillian’s family sought justice for the attack, their case was dismissed under Texas’s one-bite rule, as prosecutors could not prove beyond a reasonable doubt that the owner should have known that the dogs could cause severe bodily injury. This led to the family petitioning for a change in the law.
Lillian’s Law (House Bill 1355) was passed in 2007. Under this law, if a dog attack is unprovoked, occurs off the pet owner’s property, and results in serious injury or death, the pet owner can be prosecuted if he or she was “criminally negligent” in failing to secure the dog.
What Are the Penalties for Breaking Lillian’s Law?
If a pet owner in Texas is found guilty of criminal negligence under Lillian’s Law, it is a third-degree felony. This means the individual will have a permanent criminal record, with consequences such as a loss of voting rights. The penalties can include a prison sentence of 2 to 10 years, as well as a $10,000 fine. If the attacked individual dies from his or her wounds, the charges are upgraded to a second-degree felony, with up to 20 years in prison.
Your Legal Rights Under Lillian’s Law
As codified in Texas Health & Safety Code § 822.005, Lillian’s Law in Texas gives you the right to seek criminal penalties against an individual whose dog causes serious or fatal bodily injuries. After a violent dog attack, call 911 to report the incident to local authorities.
Cooperate with the police during their investigation, and express that you wish to press charges against the pet owner. The police will determine whether there is enough evidence to bring criminal charges under Lillian’s Law. If so, prosecutors can proceed with a criminal case against one or more suspects.
Dog Bite Injuries and Civil Lawsuits
Lillian’s Law deals with the criminal justice system in Texas, not the civil system. It does not affect how much financial compensation may be available to a victim in a dog bite injury claim. However, a criminal conviction under this statute could help establish civil negligence in a personal injury or wrongful death claim.
Lillian’s Law also does not change the state’s one-bite liability law, where a dog must have a history of prior aggressive behaviors to hold a pet owner responsible for an attack. Under this rule, a dog bite victim must prove that the dog had bitten someone previously or shown signs of aggression, and that the pet owner knew or reasonably should have known this.
As a dog attack victim in Texas, Lillian’s Law may be able to help you bring justice against the owner or controller of a dangerous dog. With help from a dog bite lawyer, you may be able to pursue a civil liability claim for additional justice and financial compensation for your losses. To discuss all of your legal opportunities with a knowledgeable attorney, contact Texas Dog Bite Lawyer for a free case review.