Nearly 25 Years of Trial Experience Serving Austin Injury Victims
Dog bites can leave lasting scars, painful injuries, and a great deal of worry, especially when a child is involved. Medical bills, missed work, and questions about infection or rabies often follow quickly. If you or your child were bitten by a dog in Austin, you may be unsure where to turn or what your rights are.
At Howry Breen & Herman, LLP, we represent people who have been hurt by careless dog owners and others who fail to control dangerous animals. Our attorneys have spent nearly 25 years trying serious injury cases for individuals and families in Austin and across Central Texas. We work on a contingency fee basis, which means you don’t pay us unless we recover money for you.
After a serious bite, many people search quickly for a dog bite lawyer without knowing how to compare law firms. A careful personal injury investigation may need to examine the animal’s history, the circumstances of the attack, available insurance, and the full effect of the injuries.
For nearly 25 years, our trial attorneys have represented injured people in Austin and Central Texas. We have recovered hundreds of millions of dollars in verdicts and settlements in high-stakes personal injury cases. Sean Breen secured a $53.9 million verdict for a client who was burned and paralyzed, and that result received recognition in the Texas Lawyer Hall of Fame.
Our other results include a $15 million judgment in a wrongful death case for the family of Anna Moriah Wilson. These are firm-wide results rather than dog bite case outcomes, but they demonstrate our experience preparing serious injury claims for trial. We investigate the evidence, document the harm, and prepare to present the case in court when litigation is appropriate.
Dog Bite Injuries & Texas Law
Dog bite injuries can range from minor punctures to life-altering trauma. Even a single bite can cause deep wounds, nerve damage, or serious infection. Children are especially vulnerable, since bites often occur to the face, neck, and hands, which can lead to visible scars and lasting emotional distress. Adults may also face significant pain, loss of mobility, and anxiety around animals after an attack.
Common consequences include emergency room visits, stitches or surgery, antibiotics, and rabies or tetanus care. Some victims need plastic or reconstructive procedures to address scarring and disfigurement. Others may require counseling for nightmares, fear, or post-traumatic stress. These medical needs can create unexpected bills and time away from work or school.
Negligence & the Texas One-Bite Rule
Texas dog bite liability depends on the facts and may involve more than one legal theory. The Texas one-bite rule is a common-law principle that may hold an owner liable when the owner knew or should have known that the dog had dangerous tendencies. The name can be misleading because evidence of threatening, aggressive, or similar prior behavior may matter even when there wasn’t a documented earlier bite.
A negligence claim may instead focus on whether the person controlling the dog failed to use reasonable care. Relevant questions can include how the animal was restrained, what the owner knew about its behavior, and what was happening immediately before the attack. Depending on the location and circumstances, the conduct of a landlord, business, or other person controlling the property may also require investigation.
Dangerous-Dog Proceedings & Civil Claims
Texas Health and Safety Code Chapter 822 addresses dangerous dogs, animal-control authority, seizure procedures, and attacks causing death or serious bodily injury. A dangerous-dog designation or animal-control proceeding is separate from a civil personal injury claim. An agency’s decision about the animal doesn’t by itself determine whether an injured person can recover damages.
No single rule fits every dog bite case. We evaluate prior incidents, warnings, witness accounts, animal-control records, photographs, video, and evidence showing who controlled the dog or premises. That investigation helps us explain which Texas liability principles may apply.
Compensation After a Dog Attack
People bitten by dogs may be able to pursue compensation for medical expenses, future treatment, lost income, physical pain, scarring, disfigurement, emotional distress, and effects on daily life. The available personal injury damages depend on the evidence and the nature of the injuries. In cases involving children, future scar care and long-term emotional effects may be particularly important.
Under Texas Civil Practice and Remedies Code Section 16.003, personal injury lawsuits generally must be filed within two years, although exceptions and case-specific rules may change the deadline. Preserving evidence and obtaining legal advice well before that period expires can be important, particularly when ownership, prior behavior, or insurance coverage is disputed.
What to Do After a Dog Bite in Austin
The first steps after an attack can affect medical care, public-health reporting, evidence preservation, and an insurance claim. The following guidance is general and doesn’t replace advice based on the specific facts of your case.
Get Medical Care
Seek medical evaluation promptly, even if the wound initially appears minor. A medical provider can clean the injury, assess infection risk, determine whether stitches are appropriate, and address tetanus or rabies questions. Follow-up care may also reveal nerve damage, restricted movement, scarring, or other consequences that weren’t clear immediately after the bite.
Identify the Dog & Document the Attack
When it’s safe to do so, obtain the dog owner’s name, contact information, and the address where the animal lives. Collect witness information and preserve communications with the owner. Photographs of the wound during different stages of healing, the attack location, damaged clothing, and any relevant condition at the scene can help document what occurred.
Surveillance footage can be overwritten, and memories may fade. Medical records, photographs, witness accounts, animal-control documents, and information about the dog’s prior behavior can all become important. Keep copies of bills, discharge instructions, prescription information, and records showing missed work.
Report the Animal Bite
According to Austin Animal Services, all animal bites must be reported to Animal Protection. Its website provides an Animal Bite Report and Bite Affidavit Form. Austin Animal Services is also the rabies-control authority for the City of Austin and unincorporated Travis County, so reporting can support the appropriate public-health response and create a record of the incident.
An animal-control investigation, quarantine, vaccination record, or observation period addresses public-health and regulatory concerns. It doesn’t replace medical evaluation or decide the outcome of a civil injury claim.
Use Care With Insurance Requests
An insurance representative may request a recorded statement, broad medical authorization, release, or early settlement decision. Before agreeing, consider whether the full extent of treatment, scarring, lost income, and emotional harm is known. A signed release can permanently resolve a claim, even if additional medical needs appear later.
Helpful steps after a dog bite include:
Get prompt medical evaluation and follow your provider’s instructions.
Identify the dog, its owner, and any witnesses.
Photograph the injuries and attack location.
Report the bite to Austin Animal Services when applicable.
Save medical, employment, insurance, and animal-control records.
Speak with an attorney before signing a release or accepting a settlement.
Who May Be Liable for a Dog Bite in Austin
In many claims, the primary focus is on the dog owner and whether that person acted reasonably under Texas law. We look at how the dog was contained, whether there were prior bites or aggressive behavior, and whether the circumstances called for stronger precautions. A person who was handling or keeping the dog may also face questions about control and reasonable care.
In rental situations, we may examine what a landlord, property manager, or homeowners association knew about a dangerous animal on the premises and what authority it had to address the risk. When an attack occurs at a business or in a shared area, responsibility can involve both the person handling the dog and the party controlling the property. Liability depends on control, notice, the injured person’s conduct, and the available evidence.
We review incident reports, witness statements, photographs, video, animal-control records, and other available information to determine whether more than one person or entity may have contributed to the injuries. We then explain how those findings affect the potential claim and available sources of recovery.
Insurance Coverage in Austin Dog Bite Claims
One of the most confusing parts of a dog bite claim is determining which insurance coverage applies, particularly when the dog belongs to a friend, neighbor, or family member. Many claims are handled through homeowners insurance or renters insurance rather than a direct request for payment from the dog owner. Coverage, however, depends on the policy language and facts.
Homeowners and renters policies may provide coverage for bodily injuries caused by pets, subject to limits, exclusions, and notice requirements. We review the applicable policy, prior-incident or animal exclusions, available limits, and possible additional coverage such as an umbrella policy. If the attack occurred in connection with a business or commercial property, commercial general liability coverage may also be relevant.
Insurance companies may request information or offer an early payment before the full course of treatment is known. We help clients consider the potential long-term effects of scarring, future procedures, and emotional trauma before making permanent settlement decisions. Our firm communicates with insurers and gathers medical, employment, and other records supporting the injury claim.
We also examine whether multiple policies or insured parties may be involved. A careful coverage review can be important when injuries are severe, responsibility is disputed, or one policy contains an exclusion. We prepare serious claims with litigation in mind rather than assuming an insurer’s initial position is final.
Our Dog Bite Case Process
You want a legal team with substantial trial experience that also treats you with respect. At Howry Breen & Herman, LLP, we bring the preparation used in high-stakes injury litigation to the investigation and presentation of serious dog bite claims.
Initial Review & Practical Next Steps
We begin by listening to your account of the attack, reviewing your medical treatment, and asking about contact with the dog owner, Austin Animal Services, or an insurance carrier. We examine available medical records and incident documents, identify information that still needs to be collected, and discuss practical next steps. We also explain what decisions require your approval.
Evidence & Damages Documentation
Our investigation may address the dog’s history, ownership and control, witnesses, photographs, video, and animal-control records. We gather medical information and document lost income, scarring, future treatment questions, and changes to daily life. This work helps present the claim as more than a collection of medical bills.
Insurance Negotiation & Litigation
We handle insurance communications and evaluate any proposed resolution against the evidence and known effects of the injuries. Many claims may resolve through negotiation or mediation, which is a structured settlement conference led by a neutral third party. When litigation is appropriate, we can file suit, conduct discovery, take depositions, address motions, and prepare the evidence for trial.
Our attorneys combine extensive courtroom experience with advanced trial science and trial technology. Preparing serious claims with trial in mind allows us to assess settlement proposals from an informed position without promising a particular result.
Communication Throughout the Claim
Our attorneys and staff answer questions, explain legal terms in plain language, and keep clients informed about important developments. We explain what information is needed, what stage comes next, and how medical progress or new evidence may affect the claim. You remain responsible for the major decisions while we provide the information needed to make them.
Austin Dog Bite Frequently Asked Questions
Can Your Team Help If My Child Was Bitten?
Yes, we represent families when a child has been injured. Children often suffer facial wounds and emotional trauma that may affect them for years. Our attorneys work to understand these impacts, guide parents through the claim process, and pursue compensation for needs supported by the evidence, including future care.
What If the Dog Owner Is My Neighbor or Friend?
Many dog bite cases involve people who know each other. Claims are often pursued through a homeowner’s or renter’s insurance policy, not directly from the individual’s personal funds. We handle communications respectfully and focus on the insurance issues involved.
Can I Have a Claim If the Injury Seemed Minor?
Possibly. Puncture wounds can become infected, and nerve damage, restricted movement, scarring, or emotional effects may become clearer over time. Liability and damages still depend on the circumstances, medical evidence, and applicable law.
How Long Will My Dog Bite Case Take?
The length of a dog bite case depends on injury severity, medical treatment, available evidence, insurance response, and whether litigation becomes necessary. Some claims resolve in months, while others take longer. We discuss the factors affecting the timeline and provide updates as the case progresses.
Discuss Your Austin Dog Bite Claim
If you or a loved one suffered injuries in a dog attack, our Austin dog bite attorneys can review the incident, medical care, reporting, and insurance communications. The consultation is free and confidential, and you don’t pay attorney fees unless we recover money for you.
I could not have found more caring people, better lawyers or a better law firm than Howry Breen & Herman.
M.A.
“We are so grateful they believed in us and partnered with us to handle this case!”
We don’t have enough words to describe how thankful we are for everything HBH did to win our business case for us. We are so grateful they believed in us and partnered with us to do it. They are amazing at what they do and we could not have had a better team. They made an enormous, positive difference for us and our business. I could not recommend them more highly.
J.K.
“We were always one step ahead!”
My lawyers at HBH were so smart and aggressive – we were always on offense and one step ahead. They just kept hammering and the other side had no answer.
T.B.
“Best in the Business, Strongly Recommend”
HBH went above and beyond to help out following a crisis. Over the course of a 3 year case, I was always kept in the loop by their amazing team. Their preparation and execution was flawless and made the whole process run smoothly. Cannot speak highly enough of their team and how they care for their clients. Will never recommend another personal injury firm besides HBH.
Since 1997, the "Lead Counsel Verified" status has been granted to attorneys who possess:
- The Right Professional Experience
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Law.com: Top 100 Verdicts 2024
Howry, Breen & Herman is proud to have been named a Tier 1, 2 and 3 Austin “Best Law Firm” in 9 practice areas by U.S. News – Best Lawyers® (“U.S. News” and BL Rankings, LLC). Law firms are selected for inclusion in this prestigious ranking based on a series of quantitative and qualitative criteria. Our specialty and tiers are listed here: https://bestlawfirms.usnews.com/profile/howry-breen-herman-llp/overview/36628
The Austin Bar Association was founded in 1893 as a nonprofit professional organization for attorneys. Its mission is to enhance the legal profession, administration of justice, and the community through education, networking, and public service.
Abota Foundation Patriot
Howry Breen & Herman, LLP was selected the Top Personal Injury Law Firm in Austin by Texas Lawyer, “Best of 2020”. The annual special supplement contains the results of Texas Lawyer readers’ poll, wherein readers cast their votes for the best providers of services and goods to the legal profession.
Attorney Sean Breen and Attorney Chris Lavorato placed in California’s Top 100 Settlements for 2019, as tracked by The Recorder and VerdictSearch.
Our law firm is proud to have been recognized in the Texas Verdicts Hall of Fame. Texas Lawyer in conjunction with VerdictSearch, recognize attorneys and law firms for their verdicts of $10 million or more. In 2011 Sean Breen was a Hall of Fame Award Recipient for the #1 Premises Liability Top Texas Verdict, awarded by Texas Lawyer, for the jury verdict award in the case VanDusen v. Aspen Square Management. In 2016 Sean Breen was inducted into the Texas Verdicts Hall of Fame, awarded by Texas Lawyer, for an outstanding verdict in Nester v. Textron.
Selection to America’s Top 100 Personal Injury Attorneys® is by invitation only and is reserved to identity the nation’s most exceptional litigators for high-value personal injury, catastrophic injury, wrongful death, product liability, and medical malpractice matters. HBH is proud that Sean Breen has been selected for this award. Less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community. (2017-2022)
Best Lawyers - Lawyer of the Year | Personal Injury Litigation – Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Litigation - Trusts & Estates (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Best Lawyers - Lawyer of the Year | Personal Injury - Plaintiffs (by BL Rankings, LLC d/b/a Best Lawyers and Co., LLC)
Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award. Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. Both Sean Breen (since 2017) and Randy Howry (since 2018) are honored to receive this award.
America’s Top 100 High Stakes Litigators® is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state. HBH is privileged to honor Partners Sean Breen (2017- 2022) and Randy Howry 2017, 2019, 2020 and 2021 for selection of this award.
Expertise - Howry Breen & Herman was recognized and featured in an article by expertisecommunity.com as one of the Best Real Estate Lawyers in Austin. 2020
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
America’s Premier High-Stakes Trial Lawyers®” – 7 Figure Litigators®, 8 Figure Litigators®, is meant to recognize the nation’s most respected and preeminent high-stakes trial lawyers based on their verifiable verdicts and/or settlements. It is a tremendous honor for Sean Breen (member since 2019) and Randy Howry (member since 2020) to be recognized among this elite group.
The National Trial Lawyers – Top 100, a highly respected legal organization that limits its members to premier trial attorneys who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by strict qualification requirements. Sean Breen Top 100 Civil Plaintiff, since 2009.
Top 10 Business Tort Trial Lawyers by the National Trial Lawyers. Randy Howry 2012-2013; Sean Breen since 2016.
The Best Lawyers in America® recognizes the top 5% of the most skilled attorneys in the nation. The robust selection process requires attorneys to nominate and review fellow lawyers based on their ethics, skill, knowledge, and ability to obtain results for their clients. The Best Lawyers in America® list is a way for plaintiffs to identify the leading attorneys in their region, known for their ability to get results with honesty, strength, and skill. Tim Herman, Sean Breen & Randy Howry have been featured by The Best Lawyers in America® (consecutively from 2006-2023) running alongside some of the most qualified firms in the nation. More info here.
Top Attorneys As Published In Texas Monthly
Sean Breen has been recognized for obtaining the Number 1 Verdict in Texas for electrical injury and utility negligence. This win underscores his relentless commitment to achieving justice for his clients and showcases the firms dedication to exceptional advocacy.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2017. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen was honored by TopVerdict.com for recovering one of the Top 50 Verdicts in Texas in 2016. This is an honorable distinction, reserved for those attorneys that achieve the highest settlements and verdicts in the state.
Sean Breen has been a member of the Multi-Million Dollar Advocates Forum since 2011, a renowned legal organization whose membership is restricted to trial attorneys who have achieved seven-figured settlements and/or jury verdicts.
Martindale-Hubbell® is widely regarded as one of the most renowned peer-review rating organizations in the legal field. Randy Howry (2018), Sean Breen (2001), Tim Herman (1998), and Glen Wilkerson (2014) at Howry, Breen & Herman have achieved the organization’s highest distinction of AV Preeminent®.
Each year, Super Lawyers® magazine publishes its list of peer-nominated/evaluated and independently reviewed attorneys. We are proud to have attorneys who have been selected for inclusion in the prestigious Texas Super Lawyers® List, by Thomas Reuters since 2003, running through 2020.
Membership in Top American Lawyers is limited to only 1% of all attorneys in the United States. Randy Howry is proud to be honored with a Lifetime Charter Membership in this exclusive organization (2017).
Randy Howry was honored by Austin Monthly’s Top Attorneys in 2023.