Bites on Private Property vs. Public Property: How Claims Differ
Animal bites can leave victims dealing with more than just physical pain. They often carry emotional distress, mounting medical bills, and questions about legal rights. The location of the incident—whether on private property or in a public place—makes a significant difference in how claims are handled under Texas law.
For many people, figuring out liability and recovery after such an event feels overwhelming. That’s where having guidance from a professional personal injury attorney matters.
At The Fostel Law Firm, with offices in Houston, Texas; Georgetown, Texas; and Kermit, Texas, I’ve worked with clients across Texas who were injured in dog bite cases. As an experienced personal injury attorney, I know how important it is to explain the way liability shifts depending on the setting.
If you or someone you love is facing the aftermath of a bite, reach out to me to discuss your situation and your options.
How Location Shapes Bite Claims in Texas
The law doesn’t treat all bite incidents the same. A key factor is whether the event occurred on private property, like a homeowner’s yard, or on public property, like a city park or sidewalk.
On private property, the owner is usually the first party considered responsible. Courts will examine whether the animal was known to be dangerous, whether reasonable precautions were taken, and whether the injured person had permission to be there.
On public property, the situation changes. Local governments or entities may become involved, and there are stricter rules for pursuing claims. Deadlines are shorter, and damages may be capped under the Texas Tort Claims Act. That’s why location is one of the first details I look at as a personal injury attorney when reviewing these cases.
Bites on Private Property: Owner Responsibility
Private property claims focus heavily on the actions of the owner. If the dog has previously bitten or shown aggression, Texas law applies strict liability rules. That means the owner can be held accountable even if they tried to prevent the attack.
If there’s no prior record of aggression, then negligence standards apply. This requires showing that the owner failed to act reasonably—for instance, by leaving a gate open or letting the animal roam without a leash.
Homeowners may argue that the victim was trespassing, which reduces the duty they owe. That’s why documentation of why someone was on the property is critical. Delivery slips, text messages, or invitations can support a victim’s position.
Bites on Public Property Add Legal Barriers
Public property incidents raise different questions. If an attack happens in a park, on a sidewalk, or at a community event, a city or county might be involved.
Texas has special rules when suing government entities. Victims must often give notice within as little as six months. Damages may also be capped at lower amounts than those available in private claims. For example, if leash laws weren’t enforced at a city park, the city could share responsibility, but strict notice requirements must be met.
As a personal injury attorney at The Fostel Law Firm, I stress that waiting too long can mean losing the right to file altogether in these cases.
Trespassing and Permission Issues
Permission to be on the property plays a large role in determining outcomes. Guests, delivery drivers, and customers generally have stronger claims than someone who entered without consent.
In Texas, property owners owe very limited duties to trespassers. Unless there’s gross negligence or intentional harm, owners may not be liable. That distinction can be the difference between recovering damages and walking away with nothing. Carefully documenting why you were present can help avoid disputes later.
Common Defenses Raised in Bite Cases
Property owners often attempt to limit liability by using certain defenses. These include:
Trespassing: Arguing the victim didn’t have permission to be there.
Provocation: Claiming the victim provoked the animal.
Assumption of risk: Suggesting the victim knowingly interacted with a dangerous dog.
Comparative fault: Alleging the victim’s actions contributed to the injury.
Each of these defenses can complicate a case, which is why gathering strong evidence early makes such a difference. As a personal injury attorney, I help clients push back when these arguments are raised.
Types of Compensation Available
Victims of bites may qualify for financial recovery depending on the severity of their injuries and how their lives have been impacted. Possible compensation includes:
Medical expenses: Emergency care, follow-up visits, surgery, medication, and therapy.
Lost wages: Pay missed during recovery.
Pain and suffering: Ongoing physical and emotional distress.
Disfigurement or scarring: Lasting visible injuries.
Loss of future earnings: If the injury affects long-term work ability.
While financial recovery can’t undo the trauma, it can support medical care, counseling, and stability during recovery.
Why Evidence Matters in Bite Cases
Strong evidence is the backbone of a successful bite claim. Without it, even valid cases may struggle in court. Victims should try to collect as much information as possible. Important evidence includes:
Medical records: Proof of treatment and diagnosis.
Photos: Images of injuries, the location, and the animal if possible.
Witness accounts: Testimony from anyone who saw the attack.
Animal control reports: Documentation of prior complaints.
Video footage: Surveillance that may have captured the incident.
As a personal injury attorney, I help organize this material into a compelling case. Quick action preserves evidence and strengthens a victim’s position.
Insurance Coverage Differences
Insurance plays a big role in how bite claims are resolved. For private property incidents, homeowner’s or renter’s insurance may cover the costs. However, policies sometimes exclude certain breeds or limit coverage.
For public property, insurance is handled differently. Local governments may have liability insurance, but coverage is often capped. That means victims may not recover as much compared to private property cases.
I always review insurance policies early in a case to see what’s available and advise clients on their options.
Why Timing Is Critical
Time limits can make or break a case. In Texas, most personal injury claims must be filed within two years. But when a government entity is involved, notice must often be given within months.
Delays risk not only losing the claim but also losing evidence and witness testimony. Acting quickly is one of the most important steps victims can take, so don’t delay in contacting an attorney.
Texas-Specific Rules on Bite Liability
Texas follows what’s often called the “one-bite rule,” meaning an owner may not be strictly liable the first time their dog attacks unless it was already known to be dangerous. That puts extra weight on proving the owner’s knowledge and actions before the incident.
At the same time, local leash laws in Houston, Dallas, and Georgetown add yet another layer. A pet owner violating those ordinances can strengthen a victim’s claim. State and local rules make Texas bite cases unique compared to many other states, which is why careful review of the circumstances is essential.
Contact a Personal Injury Attorney Today
Animal bites are serious, and the rules differ greatly depending on whether they occur on private or public property. Victims need clear answers and strong representation.
If you’ve been injured in the state of Texas, reach out to me at The Fostel Law Firm. I’m Clay Fostel, an experienced personal injury attorney, and I’m here to listen, guide you through the process, and pursue the recovery you need.
I represent clients in Houston, Texas, and the entire state of Texas, as well as southeast New Mexico for oilfield and trucking cases, and Missouri and Louisiana for Mesothelioma cases. I am also of counsel for Cheek Law Firm in New Orleans and Baton Rouge. Contact me today to get started and get the representation you need.