Who is Liable For Dog Bites in Texas?

Last Updated on June 27, 2025 by Beltz Law Group

Dogs are cherished companions, offering loyalty, joy, and protection. Yet, despite their beloved status, dogs are animals with instincts, and their powerful nature can, at times, lead to dangerous situations. Dog bites are a serious public health concern, causing significant injuries and emotional trauma each year. For dog owners, potential owners, and especially victims, understanding Texas dog bite laws is crucial to navigating the complexities of liability and seeking justice.

At The Beltz Law Group, we understand the physical, emotional, and financial toll a dog bite can take. Our experienced attorneys are dedicated to helping victims in Texas understand their rights and pursue the compensation they deserve.

Texas Dog Bite Laws: The “One-Bite Rule” and Negligence

Unlike many states that have specific statutes imposing strict liability on dog owners for bites, Texas primarily follows a common law approach established through court decisions. The landmark 1974 Texas Supreme Court case, Marshall v. Ranne, set the precedent for what is commonly referred to as the “one-bite rule” in Texas.

It’s important to clarify a common misconception: the “one-bite rule” does not literally mean a dog gets “one free bite” before its owner can be held liable. Instead, it means that for a dog owner to be held responsible for damages caused by their dog’s bite, the injured party generally must prove:

1. The owner knew (or reasonably should have known) of the dog’s dangerous propensities or vicious tendencies. This “prior knowledge” is the cornerstone of the one-bite rule. It doesn’t necessarily require a previous bite. Evidence of dangerous propensities can include:
   • Previous aggressive behavior (growling, lunging, snapping at people or other animals).
   • Previous attempts to bite, even if unsuccessful.
   • The dog’s breed, if it’s known to have a propensity for aggression (though breed alone is typically not sufficient without other evidence of dangerousness).
   • The owner’s statements about the dog’s temperament.
   • How the dog was trained (e.g., trained for aggression).
   • How the dog was kept (e.g., habitually chained or isolated in a way that could foster aggression).
2. 

   Dog Bite Lawyer Texas

   The owner’s negligence caused the injury. This means the owner failed to exercise reasonable care to prevent the animal from harming others, and that failure directly led to the bite.

Essentially, Texas law holds owners responsible based on negligence. They are negligent if they knew their dog was dangerous but failed to take reasonable steps to prevent it from harming others.

Grounds for a Dog Bite Injury Claim in Texas

A dog bite victim can pursue compensation by demonstrating negligence on the part of the dog owner through various legal theories:

1. Negligent Handling or Restraint

This is the most common basis for a dog bite lawsuit under the “one-bite rule” framework. To prove negligent handling, your attorney must demonstrate:

• The defendant owned or possessed the animal.
• The defendant had prior knowledge of the animal’s dangerous propensities (as explained above).
• The defendant failed to exercise reasonable care to prevent the animal from harming others (e.g., not properly leashing the dog, allowing it to roam, failing to secure property where the dog was kept).
• This failure to exercise reasonable care caused the plaintiff’s injury.

2. Negligence Per Se (Violation of Animal Control Laws)

This can be a powerful argument if applicable. If a dog owner violates an animal control law (like a local leash law, dangerous dog ordinance, or containment requirement) and that violation directly causes the dog bite injury, the owner may be found negligent per se. This means negligence is presumed due to the violation of a safety statute, making it easier to establish fault.

Examples of violations that could lead to negligence per se include:

• Allowing a dog to roam freely in an area with a leash law.
• Failing to comply with specific containment requirements for a dog previously designated as “dangerous” by animal control.
• Not adhering to muzzling requirements in public spaces for a known aggressive dog.

3. Strict Liability (Limited Application in Texas)

While Texas generally adheres to the negligence-based “one-bite rule,” some interpretations or specific local ordinances might impose a form of strict liability in very limited circumstances, particularly for dogs already designated as dangerous by legal authority. If a dog has been legally classified as “dangerous” (e.g., after a prior unprovoked attack causing bodily injury) and its owner fails to comply with specific state or local requirements (like securing liability insurance, maintaining special enclosures, or muzzling), and that dog subsequently causes harm, the owner may face strict liability. However, this is not the broad strict liability seen in some other states where owners are liable for any bite regardless of prior knowledge.

Landlord Liability for Dog Bites in Texas

In certain situations, a landlord in Texas can also be held liable for injuries caused by a tenant’s dog if:

• The landlord was aware of a dangerous dog on their property. This includes knowledge of the dog’s vicious propensities or a history of aggression.
• The landlord had the power to control or remove the dog (e.g., through lease terms or by taking steps to require the tenant to remove the dog).
• The landlord failed to take reasonable steps to prevent harm. This could involve not enforcing lease clauses related to dangerous animals, or not maintaining common areas (like broken fences or insecure gates) that allowed the dog to escape and cause harm.

Proving landlord liability can be complex, as it requires demonstrating the landlord’s knowledge and control over the situation.

What Damages Can Be Recovered in a Texas Dog Bite Lawsuit?

Victims of dog bites in Texas may be able to recover various types of damages, aimed at compensating them for their losses:

• Medical Expenses: Including emergency room visits, hospital stays, surgeries (especially for facial injuries or infections), medications, physical therapy, and future medical care.
• Lost Wages: Current and future income lost due to time off work for recovery, or diminished earning capacity if the injury results in long-term disability.
• Pain and Suffering: Compensation for physical pain, emotional distress, mental anguish, and psychological trauma (e.g., PTSD, anxiety, fear of dogs).
• Scarring and Disfigurement: Particularly relevant in dog bite cases, especially those involving facial injuries that may require plastic surgery.
• Property Damage: If any personal property was damaged during the attack.
• Loss of Consortium: In severe cases, a spouse may claim damages for the loss of companionship and support.
• Punitive Damages: In rare cases of extreme negligence or malicious conduct by the dog owner, punitive damages may be awarded to punish the at-fault party and deter similar behavior.

Steps to Take After a Dog Bite in Texas:

1. Seek Immediate Medical Attention: Your health is paramount. Dog bites can lead to serious infections, nerve damage, and other complications.
2. Identify the Dog and Owner: If possible and safe, get the owner’s name, contact information, and details about the dog (breed, name, vaccination status).
3. Gather Evidence: Take photos of your injuries, the dog, the location of the bite, and any relevant signs or conditions (e.g., broken fence, “Beware of Dog” sign).
4. Report the Bite: Contact your local animal control or law enforcement. An official report can be crucial evidence for your claim and helps track dangerous animals in the community.
5. Do NOT Discuss Fault: Avoid making statements about the incident to the dog owner or their insurance company without consulting an attorney.
6. Contact an Experienced Dog Bite Attorney: Texas dog bite laws are complex. An attorney can help you understand your rights and build a strong case.

How The Beltz Law Group Can Help You

Being the victim of a dog bite can be a traumatic experience, leaving you with physical injuries, emotional scars, and mounting medical bills. Navigating Texas’s “one-bite rule” and the complexities of proving negligence can be overwhelming, especially when you should be focusing on your recovery.

The attorneys at The Beltz Law Group have a comprehensive understanding of Texas dog bite laws. We can:

• Thoroughly Investigate Your Case: We will work to uncover evidence of the dog’s prior dangerous propensities and the owner’s negligence.
• Identify All Liable Parties: Including dog owners, landlords, or other responsible entities.
• Gather Critical Evidence: Such as animal control records, witness statements, medical documentation, and expert testimony.
• Negotiate with Insurance Companies: We will handle aggressive insurance adjusters and fight for a fair settlement that covers all your damages.
• Aggressively Litigate Your Claim: If a fair settlement cannot be reached, we are prepared to take your case to court to secure the compensation you deserve.

Don’t let a dog bite “bite you back” with unanswered questions and uncompensated losses. Contact The Beltz Law Group today for a free, no-obligation consultation. We are here to provide compassionate and effective legal representation for dog bite victims across Texas.

Call us at 214-321-4105.