How Long Do You Have to File a Dog Bite Claim in Texas?
Two years for most claims. Less where a governmental entity is involved, and longer for a child, but the evidence that proves the dog was dangerous starts disappearing long before any deadline.
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Two years from the bite
Section 16.003 of the Civil Practice and Remedies Code gives two years from the date of the bite to file suit. Filing means commencing a lawsuit, not reporting the bite or opening a claim with the owner's insurer.
Negotiating with an insurer does not pause the period, and no insurer is obliged to warn you it is running out.
Children have longer
A child's own claim generally does not have to be filed until two years after they turn eighteen. Children are the most common serious dog bite victims, so this arises often.
A parent brings the claim on the child's behalf in the meantime, and waiting is unwise even though the deadline is distant, because the evidence is best gathered now.
Governmental entities: months, not years
Where a governmental entity is involved, a bite by a police or government-owned dog, or a bite on government property through the entity's negligence, the Texas Tort Claims Act requires formal written notice within six months, and many cities impose shorter periods by charter.
Missing notice bars that part of the claim regardless of merit.
The evidence deadline is the real one
The proof that the owner knew the dog was dangerous, prior complaints, animal control records, witnesses to earlier incidents, the dog's history, degrades and disappears with time. Animal control records may be purged, and witnesses become harder to trace.
And the scarring has to be documented as it matures, which is a record that can only be built by starting early.
Report the bite promptly, separately from the claim
Reporting a bite to animal control is a separate step from bringing a claim, and it matters. It creates an official record, may trigger a dangerous-dog assessment, and documents the incident and the dog's identity.
That report can become important evidence, particularly if the same dog bites again or if the owner later disputes the incident.
Where the period is extended
Legal incapacity can toll the period. Beyond the minor and incapacity exceptions, the circumstances that extend limitations are narrow and argued on specific facts.
None should be relied on without advice; the safe course is to treat the practical evidence deadline, which is weeks, as the one that matters.
Summary
| Situation | Deadline | Runs from |
|---|---|---|
| Personal injury suit | 2 years | Date of the bite |
| Claimant was a minor | Generally 2 years from age 18 | 18th birthday |
| Governmental entity | Formal notice in months | Date of the bite |
| Animal control report | As soon as possible | Not a claim, but key evidence |
| Legal incapacity | May be tolled | Until capacity returns |
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Frequently asked questions
Two years from the date of the bite to file suit. Reporting the bite or negotiating with the owner's insurer does not preserve that deadline.
Yes. A child's own claim generally does not have to be filed until two years after they turn eighteen. A parent brings the claim in the meantime, though the evidence is best gathered now.
The Texas Tort Claims Act applies, requiring formal written notice within six months and often sooner by city charter. Missing that notice bars that part of the claim regardless of merit.
Yes, and promptly. It is separate from bringing a claim but creates an official record, may trigger a dangerous-dog assessment, and documents the dog's identity, which can become important evidence, especially if the dog bites again.
Talk it through with a lawyer
A free consultation covers whether you have a claim, what the deadline is, and what insurance is actually available.
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