Dog Bite Laws in Texas — What Victims Need to Know

Texas “One Bite” Rule — The Negligence Standard

Unlike some states with strict liability dog bite statutes, Texas historically followed the “one bite rule” — which required the bite victim to prove the dog owner knew or should have known the dog had dangerous propensities. Under this common law rule, a dog effectively got “one free bite” before the owner had the legal knowledge required to establish liability.

Texas does not have a comprehensive statewide strict liability dog bite statute for adults — but this does not mean victims are without recourse. Texas recognizes several theories of liability for dog bite injuries, and strict liability applies in specific circumstances.

When Strict Liability Applies in Texas Dog Bite Cases

Texas law imposes strict liability in specific dog bite circumstances without requiring proof of prior knowledge:

• Dog bites involving children under 12 — the Texas Health and Safety Code §822.013 imposes strict liability when a dog bites a child under 12 years old, regardless of whether the owner knew of the dog’s dangerous propensities
• Dangerous dog designation — under Tex. Health & Safety Code §§822.041–822.047, dogs that have made an unprovoked attack causing serious injury or death can be declared “dangerous dogs,” and owners face strict liability for subsequent attacks
• Local ordinance violations — some Texas cities have leash laws and dangerous dog ordinances; violating these ordinances while a dog injures someone can support a negligence per se claim

What You Must Prove in a Texas Dog Bite Case

Common Dog Bite Injuries

Dog bites cause injuries that are often more serious than people expect, including:

• Puncture wounds and lacerations — particularly to the face, neck, hands, and arms
• Infections — dog mouths harbor numerous bacteria; Pasteurella, Staph, and Strep infections are common and can be severe
• Nerve damage — particularly in hand and face bites
• Scarring and disfigurement — facial bites often leave permanent scarring that significantly affects appearance and self-esteem
• Bone fractures — large dog attacks can crush bones, particularly in hands and forearms
• PTSD and psychological trauma — particularly in child victims and severe attack survivors
• Rabies exposure — requiring post-exposure prophylaxis treatment

What to Do After a Dog Bite in Texas

• Seek medical attention immediately — dog bite infections can progress rapidly; same-day treatment is essential for both health and documentation
• Report the bite to animal control — file a report with your local animal control agency; this creates an official record and may trigger a dangerous dog investigation
• Identify the dog and owner — get the owner’s name, address, and insurance information; confirm rabies vaccination status
• Photograph all injuries — immediately and over the following days as bruising and swelling develop; document scarring as it heals
• Get witness information — anyone who witnessed the attack
• Preserve clothing — torn or blood-stained clothing is evidence
• Contact an attorney — particularly if injuries are serious; prior incident reports about the dog can be obtained through animal control records

Damages You Can Recover in a Texas Dog Bite Case

• Medical expenses — emergency treatment, surgery, wound care, infection treatment, plastic surgery for scarring
• Future medical expenses — reconstructive surgery, ongoing scar treatment, psychological counseling
• Lost wages — income lost during recovery
• Pain and suffering — physical pain during and after the attack and recovery
• Mental anguish — PTSD, anxiety about dogs, nightmares
• Disfigurement — permanent scarring, particularly to the face, is valued significantly in Texas dog bite cases
• Loss of enjoyment of life — avoidance of activities, particularly for child victims whose social development may be affected