Lillian’s Law is a Texas statute designed to address the most serious dog attacks, those causing severe injury or death, by holding owners criminally accountable under specific circumstances. While the law itself focuses on criminal responsibility, it can play an important role in dog bite injury cases by shaping investigations, evidence, and how responsibility is evaluated.
For victims, understanding how Lillian’s Law fits into Texas dog bite law helps clarify why certain cases are treated differently and why experienced legal guidance matters after a serious attack.
Dog Bite Injuries in Texas: Why the Law Matters
Dog attacks can leave victims facing more than physical wounds. Severe bites may lead to permanent scarring, nerve damage, infections, emotional trauma, and long recovery periods. In the most tragic cases, dog attacks can be fatal. Texas law recognizes the seriousness of these incidents, but responsibility is not handled under a single rule.
Instead, Texas uses a combination of civil liability principles and criminal statutes, including what is commonly known as Lillian’s Law. Understanding how these legal frameworks interact is critical for injured individuals seeking clarity about their situation.
What Is Lillian’s Law?
Lillian’s Law refers to Texas Health & Safety Code § 822.005, enacted after the death of Lillian Stiles, who was killed by a pack of dogs in 2005. The law was created to address gaps in accountability when serious or fatal dog attacks occur.
Unlike many dog bite rules that focus on compensation, Lillian’s Law is a criminal statute. It allows prosecutors to pursue felony charges against dog owners when specific legal conditions are met following a severe or fatal attack.
The statute reflects a public policy decision by Texas lawmakers: in certain extreme situations, dog attacks are not just accidents, they may warrant criminal consequences.
What Situations Can Trigger Lillian’s Law?
Lillian’s Law does not apply to every dog bite. It is narrowly focused on serious incidents and specific factual circumstances. While the statute itself is technical, its application generally centers on questions such as:
- Whether the dog involved is legally classified as a “dangerous dog”
- Whether the attack was unprovoked
- Whether the dog was outside a secure enclosure or not properly restrained
- Whether the attack caused serious bodily injury or death
These elements are evaluated by investigators and prosecutors, not by victims themselves. The presence, or absence, of these factors often determines whether criminal charges are considered.
Understanding the “Dangerous Dog” Classification in Texas
Texas law outlines what qualifies as a “dangerous dog” under Health & Safety Code Chapter 822. A dog may be considered dangerous if it has previously attacked or acted in a way that causes fear of serious injury, depending on the circumstances.
Once a dog is formally classified as dangerous, owners are required to comply with specific legal obligations. These may include secure enclosures, restraints, and financial responsibility measures. When these requirements are ignored and a serious attack occurs, Lillian’s Law may become relevant.
For victims, this classification can affect how an incident is investigated and documented, which may later matter in related civil proceedings.
Criminal Liability vs. Civil Injury Claims
One of the most common points of confusion after a dog attack is the difference between criminal responsibility and civil liability.
Criminal Proceedings
Criminal cases under Lillian’s Law are handled by the state. Their purpose is to determine whether a dog owner’s conduct meets the legal standard for criminal charges. These cases focus on punishment and public safety, not compensation.
Civil Dog Bite Claims
Civil claims are separate. They are brought by injured individuals seeking compensation for damages such as medical expenses, lost income, and long-term harm. Civil liability in Texas dog bite cases often involves:
- Strict liability, based on prior knowledge of a dog’s dangerous tendencies (often referred to as the “one-bite rule”)
- Negligence, such as failing to properly control or restrain a dog
A criminal case may influence the evidence available in a civil case, but it does not automatically determine the outcome.
The “One-Bite Rule” in Texas Explained
Texas is often described as a “one-bite rule” state, based on long-standing case law such as Marshall v. Ranne. In simple terms, this concept focuses on whether a dog owner knew, or reasonably should have known, that the dog had dangerous tendencies.
This rule is frequently discussed in civil dog bite cases, but it operates independently from Lillian’s Law. A dog does not need a prior bite history for a victim to have a civil claim, particularly where negligence is involved. Each case depends on its unique facts.
How Lillian’s Law Can Affect Dog Bite Injury Cases
Although Lillian’s Law is criminal in nature, it can still be relevant to injured victims in several indirect ways.
First, serious attacks may result in more extensive investigations by law enforcement and animal control. These investigations often generate reports, witness statements, and findings related to restraint, enclosure, and prior incidents.
Second, the existence of criminal charges can underscore the severity of the incident, which may influence how insurers and opposing parties view the claim.
Finally, Lillian’s Law reflects a broader legal recognition that some dog attacks go beyond ordinary negligence. That context can be important when evaluating responsibility and damages in severe injury cases.
Common Injuries Seen in Serious Dog Bite Cases
While every incident is different, severe dog attacks often involve injuries such as:
- Deep puncture wounds and tearing injuries
- Nerve damage affecting movement or sensation
- Infections requiring hospitalization or surgery
- Permanent scarring or disfigurement
- Psychological trauma, including anxiety and PTSD
In cases involving children or older adults, the consequences can be especially devastating. Texas law does not minimize these injuries, and the legal system provides multiple avenues for addressing them depending on the facts.
Evidence That Often Becomes Important After a Serious Dog Attack
Victims frequently ask what information matters after a dog bite. While no action is required or guaranteed, certain types of documentation often play a role in evaluating what happened:
- Medical records documenting the nature and severity of injuries
- Photographs of injuries and the scene
- Witness statements
- Animal control or police reports
- Information about the dog’s prior behavior or history
- Details about fencing, restraints, or enclosures
These materials help establish timelines and context, particularly in severe cases.
Why Legal Experience Matters in High-Stakes Injury Cases
Dog bite cases involving serious injuries are rarely straightforward. They may involve overlapping issues of premises liability, negligence, statutory compliance, and insurance coverage. When criminal statutes like Lillian’s Law are involved, the legal landscape becomes even more complex.
Firms that handle serious personal injury cases are familiar with navigating these layers, coordinating with investigations, and ensuring that critical facts are preserved and evaluated appropriately.
How This Relates to Rhodes Humble LLP
Rhodes Humble LLP represents clients across Texas in serious personal injury matters, including cases involving complex liability and high-stakes outcomes. Dog bite injuries, especially those resulting in severe harm, often raise the same types of legal and factual issues the firm routinely handles: detailed investigations, disputed responsibility, and long-term consequences for injured individuals.
By understanding how statutes like Lillian’s Law fit into Texas dog bite cases, injured individuals can better understand why some cases demand a careful, experienced approach rather than quick assumptions.
When to Seek Legal Guidance After a Dog Bite
Every dog bite incident is different. Some resolve quickly, while others raise serious legal and medical questions. When injuries are severe, or when there are questions about control, prior incidents, or owner responsibility, it is often helpful to speak with a lawyer who handles serious injury cases.
An initial conversation can help clarify the legal landscape, identify relevant issues, and explain potential next steps, without creating obligations or promises.
Conclusion
Lillian’s Law represents Texas’s response to the most serious dog attacks, emphasizing accountability where extreme harm occurs. While it is a criminal statute, its existence often shapes how severe dog bite incidents are investigated and understood.
For victims, the law underscores an important reality: serious dog attacks are treated differently under Texas law, and the facts surrounding control, restraint, and prior behavior matter. Understanding this framework can provide clarity during an otherwise overwhelming time.
If you or a loved one has suffered serious injuries in a dog attack and want to better understand your options, you can learn more about your rights by speaking with an experienced personal injury firm.
To contact Rhodes Humble LLP for an initial consultation, or call (979) 977-1744.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.