Dog Bite Laws in Texas — What Victims Need to Know

Texas Dog Bite Law — The One Bite Rule

Unlike many states that have strict liability dog bite statutes, Texas follows the common law “one bite rule.” This means that to hold a dog owner liable for a bite, the victim must generally prove that the owner knew or should have known their dog had dangerous propensities — including a history of biting or aggressive behavior.

The “one bite” name is somewhat misleading — it does not literally mean a dog gets one free bite. It means that if the owner had any prior knowledge of the dog’s dangerous tendencies, they can be held liable. Prior aggressive behavior, growling, lunging, or even a history of jumping on people aggressively can establish the required knowledge.

Evidence that can establish the owner’s prior knowledge includes:

• Previous biting incidents reported to animal control
• Complaints from neighbors about the dog’s aggressive behavior
• The owner’s own statements acknowledging the dog is aggressive
• “Beware of Dog” signs — which can actually be used as evidence the owner knew the dog was dangerous
• The dog’s breed in combination with other evidence (breed alone is generally not sufficient)
• Prior incidents of the dog chasing, lunging at, or threatening people

Negligence as an Alternative Theory

Even without prior bite history, a dog bite victim in Texas may recover under a negligence theory. This requires showing that the owner failed to exercise reasonable care in controlling the dog — and that failure caused the injury.

Common negligence scenarios include:

• Allowing a dog to run loose in violation of local leash laws
• Failing to properly restrain a dog known to be excitable around strangers
• Allowing a dog to run off-leash in a crowded area
• Failing to warn visitors of a dog’s presence
• Leaving a dog unsupervised with young children

Many Texas cities and counties also have local ordinances that impose stricter liability — including leash laws and dangerous dog registrations. Violation of these ordinances can support a negligence per se claim, which is often easier to prove than general negligence.

Who is Liable for a Dog Bite?

Liability in a Texas dog bite case may extend beyond just the owner of the dog:

What Damages Can You Recover?

A successful dog bite claim in Texas can recover a wide range of damages:

What to Do After a Dog Bite

1. Seek medical attention immediately. Even minor-looking bites can cause serious infections. Get treated the same day and tell your doctor exactly how the injury occurred.
2. Report the bite to animal control. File a report with your local animal control or health department. This creates an official record and triggers investigation of the dog’s history.
3. Identify the dog and owner. Get the owner’s name, address, and contact information. Ask for proof of rabies vaccination. If the owner refuses or flees, note the dog’s description and location.
4. Photograph everything. Document your injuries immediately — wounds, bruising, torn clothing. Photograph the location where the attack occurred. Take follow-up photos throughout healing to document scarring.
5. Gather witness information. Get names and contact information from anyone who witnessed the attack.
6. Write down everything you remember. While memory is fresh, document what happened — the sequence of events, where you were, what the dog did, what the owner said or did.
7. Do not give a recorded statement to any insurance company without consulting an attorney first.
8. Contact an attorney promptly. Evidence in dog bite cases disappears quickly — witnesses forget, animal control records get archived, and the investigation window closes.

Dog Bites Involving Children

Children are the most common victims of serious dog bites. According to the CDC, children between ages 5 and 9 are the most frequent victims, and bites to children are disproportionately more severe — often involving the face, head, and neck.

When a child is the victim, several additional considerations apply:

• The statute of limitations is tolled — meaning it does not begin to run until the child turns 18. Parents can file on behalf of a minor child, but the child also retains the right to file after reaching adulthood.
• Psychological impact on children following dog attacks can be severe and lasting — PTSD, fear of dogs, nightmares, and behavioral changes. These damages are compensable.
• Contributory negligence arguments are limited — very young children cannot be held comparatively negligent for provoking a dog.
• Facial scarring in children carries particularly significant damages given the child’s entire life ahead of them.

Dealing with Homeowner’s Insurance

Most dog bite claims are paid through the dog owner’s homeowner’s or renter’s insurance policy. Standard policies typically cover dog bite liability — but there are important limitations to know:

• Some policies exclude certain breeds (pit bulls, Rottweilers, German Shepherds, etc.)
• Some policies exclude dogs with a documented prior bite history
• Coverage limits vary — typically $100,000 to $300,000 for standard policies
• The insurer’s adjuster represents the insurance company’s interests — not yours

Do not accept a settlement offer without understanding the full extent of your injuries, including future medical costs, scarring treatment, and psychological impact. Once you sign a release, the claim is closed.

Texas Statute of Limitations

In Texas, you generally have two years from the date of the bite to file a personal injury lawsuit. For minor children, the clock does not start until they turn 18.

Do not wait on a dog bite claim. Evidence disappears, witnesses move on, and animal control records become harder to obtain. The sooner an attorney begins investigating, the stronger your case will be.

When You Need an Attorney

You should consult a personal injury attorney any time a dog bite results in injury requiring medical treatment. You need one urgently when:

• The injuries are serious, involve scarring, or required hospitalization or surgery
• A child was attacked
• The bite is to the face, head, neck, or hands
• The dog owner is denying liability or claims their dog has no history of aggression
• The insurance company contacts you quickly with a settlement offer
• The dog owner has no homeowner’s insurance
• You have missed work or incurred significant medical bills