If you’ve been bitten or attacked by a dog in Boerne, Attorney Lane Diamond will fight to get you the compensation you deserve. Dog bites in Texas cause serious and sometimes permanent injuries. The financial and emotional toll can follow you for years. If the dog’s owner knew about aggressive behavior or violated local leash and restraint laws, you may have a valid claim for medical expenses, lost wages, pain and suffering, and more. Lane Diamond Law handles Kendall County dog bite claims personally, and we offer a free consultation to evaluate your case.
Dog Bite Attorneys Serving Boerne
Texas consistently ranks among the top three states in the country for dog bite insurance claims, and the San Antonio region saw a 54% increase in severe dog bite injuries between fiscal years 2023 and 2024. These are not rare events, and the injuries they cause can follow you for years. Lane Diamond Law represents dog bite victims throughout Boerne and Kendall County on a contingency fee basis. You pay nothing unless we win.
The national average insurance payout for a dog bite claim reached $65,450 in 2025, reflecting how seriously insurers treat these cases when the evidence supports the victim’s claim. If you or your child has been bitten by a dog in the Boerne area, you have the right to pursue compensation. As a Boerne accident attorney who focuses on dog bite cases, Lane Diamond can make the process far less stressful for your family.
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Why Choose Lane Diamond Law for Your Dog Bite Case
When you call Lane Diamond Law, you speak directly with Attorney Lane Diamond, not a paralegal or case manager. That personal connection starts with your very first conversation and continues through every stage of your case, because you deserve to know exactly where things stand without having to chase someone down for answers.
A dog attack can leave you overwhelmed with medical bills piling up and real uncertainty about what comes next. We understand how difficult that feeling is, and we want you to focus on healing while we handle the legal process on your behalf. Lane Diamond holds a JD and MBA in Finance from the University of Houston, giving him a rare combination of legal and financial knowledge that strengthens how we evaluate your damages and build your claim. We also keep our caseload intentionally small so every client gets faster movement and the personal attention their case deserves.
Types of Cases We Handle in Boerne
Lane Diamond Law handles all types of dog bite and dog attack injury claims in the Boerne and Kendall County area. A dog bite can happen anywhere, from your own front yard to a neighbor’s driveway to a public sidewalk. No matter where the attack occurred, we are prepared to take on your case and pursue the compensation you are owed.
The cases we see include bites from loose or off-leash dogs, attacks by chained dogs that lunge beyond their restraint, pack incidents involving multiple animals, and situations where a dog escaped a yard through a broken gate or unsecured fence. Children under the age of nine face the highest risk of severe dog bite injuries nationwide, and their wounds often involve the face and neck, requiring emergency treatment and sometimes reconstructive procedures. Injuries across all age groups range from puncture wounds and bacterial infections like Pasteurella and MRSA to permanent scarring, nerve damage, and lasting emotional trauma.
How Texas Law Affects Your Dog Bite Case
Texas dog bite liability follows two separate legal tracks, and the one your attorney chooses directly affects how your claim is built. One path is scienter-based strict liability, established by the Texas Supreme Court in the 1974 case Marshall v. Ranne, 511 S.W.2d 255. Under this theory, an owner who knew or should have known their dog had dangerous tendencies is strictly liable for the injuries their dog causes, even if they took every precaution to prevent the attack.
The other path is ordinary negligence, which does not require any proof that the owner knew the dog was dangerous. Because Texas has no specific dog bite statute, all civil liability comes from these case law doctrines and the general negligence framework. A victim can pursue one or both theories depending on the facts, and an experienced attorney will know which path gives your case the strongest foundation.
The Scienter Rule
Under the scienter doctrine, a dog owner is strictly liable if they knew or should have known that their dog had dangerous propensities. The term scienter is a legal concept meaning “knowledge,” and it does not require proof of a prior bite to apply. Evidence of habitual growling, lunging at passersby, snapping at children, or prior animal control complaints can all establish that the owner had enough information to recognize the risk. Once scienter is proven, the owner’s degree of care becomes irrelevant. No exceptions.
Negligence Without Prior Knowledge
Even when a dog has no documented history of aggression, the owner can still be held liable through ordinary negligence if they failed to exercise reasonable care in controlling or restraining their animal. A related theory, negligence per se, applies when the owner violated a local leash or animal restraint ordinance and that violation directly led to the bite. The ordinance violation itself serves as evidence of negligence, simplifying the burden of proof for the victim.
Comparative Fault and the 51% Bar
Texas follows a modified comparative fault system, officially called proportionate responsibility, under Tex. Civ. Prac. & Rem. Code § 33.001. Most people know it as the 51% bar rule. If you are found partly at fault for the incident, your compensation is reduced by your percentage of responsibility. If your fault exceeds 50%, you recover nothing.
Insurance adjusters will look for any angle to pin some of the blame on you, arguing that you provoked the dog, entered the property at your own risk, or should have seen the warning signs. Do not let that tactic go unanswered. The Texas Supreme Court in Marshall v. Ranne specifically held that contributory negligence does not apply when liability is based on the scienter theory rather than ordinary negligence.
Does Texas Really Have a “One Free Bite” Rule?
Most people hear “one-bite rule” and assume it means an owner gets a free pass the first time their dog hurts someone. That is not what the rule means, but most people never learn the real standard until after they have already been told they do not have a case. Liability under the scienter doctrine turns on what the owner knew about the dog’s dangerous tendencies, not on whether the dog has a documented bite history. Evidence of aggressive behavior, even without a prior bite, can satisfy the standard.
Beyond scienter, a victim can also recover through ordinary negligence. Separately, the Texas dangerous dog classification under Tex. Health & Safety Code §§ 822.041 through 822.047 allows animal control to formally designate a dog as dangerous after an unprovoked attack that causes bodily injury. That designation triggers mandatory registration and containment requirements for the owner going forward. A Boerne dog bite attorney can explain how these designations affect your claim and what steps to take next.
Boerne and Kendall County Dog Bite Resources
Boerne and Kendall County each maintain local animal control agencies that handle dog bite reports, and filing a report with the appropriate agency after an attack creates an official record that can strengthen your claim. If the bite occurred within Boerne city limits, you should contact Boerne Animal Care Services, located at 330 S. Esser Road, Boerne, TX 78006, at (830) 249-2456. For incidents outside city limits but within Kendall County, the Kendall County Sheriff’s Office operates an Animal Control Division through the Kendall County Animal Shelter at 702 FM 289, Comfort, TX, reachable at (830) 537-3430.
Boerne’s city ordinance, Chapter 4, Article III, requires all dogs and cats to be registered with Animal Care Services by the time they reach four months of age, and pet owners must maintain a current rabies vaccination.
Frequently Asked Questions
Can I Sue If the Dog Has Never Bitten Anyone Before?
Yes, you can still have a valid claim even if the dog has no prior bite history. Under a negligence theory, you do not need to prove that the owner knew the dog was dangerous, only that they failed to use reasonable care in controlling the animal. A leash law or restraint ordinance violation that led to the bite can establish liability on its own.
How Long Do I Have to File a Dog Bite Claim in Texas?
Two years. That is how long Texas gives you from the date of the injury to file a dog bite lawsuit under Tex. Civ. Prac. & Rem. Code § 16.003(a). This is the same deadline that applies to all personal injury claims in the state. Waiting too long can mean losing access to witnesses, animal control records, and other evidence that supports your case. Some situations can shorten that window, so it is smart to speak with an attorney early. Call us for a free consultation and we will tell you exactly where you stand.
Does Homeowner’s Insurance Cover Dog Bite Claims?
In most cases, yes. Homeowner’s and renter’s insurance policies typically cover dog bite claims under the personal liability section of the policy, with limits that commonly range from $100,000 to $300,000 in Texas. Some insurers exclude certain breeds or impose restrictions after a prior incident, so coverage depends on the specific policy language. Owners whose dogs have been formally classified as dangerous under Texas law are required to carry at least $100,000 in liability coverage.
What If the Dog Belongs to a Friend or Neighbor?
We understand that pursuing a claim against someone you know can feel uncomfortable, and that hesitation is completely natural. What most people do not realize is that the payment almost always comes from insurance, not from the person directly. Filing a claim does not mean suing your neighbor out of pocket.
Does Boerne Have a Breed-Specific Ban?
No. Texas law explicitly prohibits cities and counties from adopting breed-specific dog bans or restrictions. Under Tex. Health & Safety Code § 822.047, all local regulations regarding dangerous dogs must be breed-neutral and based on the individual animal’s behavior, not its breed or appearance. Boerne and Kendall County can still enforce leash laws, registration requirements, and dangerous dog provisions that apply equally to every dog regardless of breed.
For more answers to common injury-claim questions, visit our FAQ page.
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How Lane Diamond Law Can Help
As your Boerne dog bite attorney, Lane Diamond personally handles Kendall County claims from the first phone call through resolution. With over 20 years of experience representing injury victims across Texas, Lane understands how to build a strong case against the dog owner’s insurer and fight for the maximum compensation you deserve.
When you call, you talk to Lane, not a paralegal, so you’ll always know exactly where your case stands. No fee unless we win. No runaround. Call (210) 900-3259 or schedule your free consultation online today.
