Dogs may be “man’s best friend,” but even friendly pets can cause serious injury if they bite, scratch, or knock someone down. When that happens, Texas law provides a way for injured people to seek compensation — but the rules here are different from many other states.
Are Dog Owners Strictly Liable for Bites in Texas?
Unlike some states, Texas does not have a strict liability statute for dog bites. In strict liability states, an owner is automatically responsible for a dog’s actions regardless of prior behavior.
In Texas, liability for a dog bite or animal attack is based on either:
- The “one bite rule” (strict liability if the dog has shown aggression before), or
- Negligence (the owner failed to use reasonable care in controlling the dog).
What Is the Texas “One Bite Rule”?
Texas follows the common law “one bite rule.” This rule holds that a dog owner may be strictly liable if:
- The dog previously bit someone, or
- The dog displayed aggressive tendencies that should have put the owner on notice.
This doesn’t mean dogs get a “free bite.” The law looks at whether the owner knew or should have known the dog was dangerous. Even lunging, growling, or snapping at others may be enough to establish knowledge.
Can a Dog Owner Be Liable Even Without a Prior Bite?
Yes. Even if the dog has no history of aggression, an owner can still be responsible under a negligence theory if they fail to act as a reasonable person would.
Examples include:
- Letting a large dog roam off-leash in a public area
- Failing to secure a broken fence where a dog can escape
- Allowing a dog known to jump on people to run freely around visitors
If an owner’s lack of reasonable care causes an injury, they may be liable for damages.
Negligence Per Se: Violating Leash Laws in Texas
In addition to common law negligence, Texas recognizes negligence per se. This applies when a dog owner violates a law or ordinance designed to protect the public — for example, leash laws or dangerous-dog registration rules.
If an injury occurs because of that violation, it can be treated as automatic evidence of negligence.
What Injuries Count Under Texas Dog Bite Law?
Texas dog bite law is not limited to bites. Victims may recover compensation for any injuries caused by a dog attack, including:
- Puncture wounds from bites
- Scratches or cuts
- Broken bones or sprains from being knocked down
- Emotional trauma from the attack
Common Defenses to Texas Dog Bite Lawsuits
Because liability is based on fault, dog owners may raise defenses such as:
- No prior knowledge: The owner reasonably had no reason to suspect aggression.
- Trespassing: The injured person was unlawfully on the property.
- Comparative fault: The injured person provoked the dog or ignored warnings.
Texas Dog Bite FAQ
❓ Does Texas have a “one bite rule”?
Yes. Texas follows the “one bite rule,” meaning owners can be strictly liable if they knew their dog had bitten or acted aggressively before. But negligence can still apply even without a prior bite.
❓ Can I sue if a dog knocked me down but didn’t bite me?
Yes. Texas law allows claims for any injuries caused by a dog attack, not just bites.
❓ What if the dog owner broke a leash law?
Violating leash or dangerous-dog laws may be treated as negligence per se, strengthening your case.
❓ What defenses can a dog owner raise?
Owners may argue they had no reason to know the dog was dangerous, that the victim was trespassing, or that the victim provoked the dog.
❓ Do I need a lawyer for a Texas dog bite case?
Yes. Proving negligence or prior knowledge often requires medical evidence, witness testimony, and knowledge of local ordinances. An experienced Texas personal injury attorney can build the strongest case.
Why Hire a Texas Dog Bite Lawyer?
Texas dog bite law can be complicated. Success often depends on proving an owner’s knowledge of prior aggression, showing negligence, or pointing to violations of leash laws.
At Bailey & Galyen, our attorneys understand how devastating dog bites and animal attacks can be. We fight to hold negligent dog owners accountable and recover compensation for medical bills, lost wages, pain and suffering, and more.
Contact Bailey & Galyen
Call us today at 844-402-2992 or contact us online for a free consultation. Our phones are answered 24 hours a day, seven days a week.