Dog Bite Laws in Texas: Knowing Your Rights and Legal Remedies

Dog bites can be sudden, terrifying, and potentially life-changing experiences, causing injuries that may involve physical trauma, medical complications, emotional distress, and significant expenses. In Texas, there is no single statute dedicated exclusively to dog bite liability. Instead, liability emerges from a blend of court decisions, general tort (negligence) law, and local ordinances. For those who have suffered a dog bite or are assisting an injured loved one, the following look at Texas dog bite law can help you understand your position as you seek justice and compensation for the harm inflicted. Contact Gilbert Adams Law Offices for more information or immediate assistance from a skilled and dedicated Texas dog bite and animal attack lawyer.

The “One-Bite Rule” and Strict Liability

Texas follows what’s known as the “one-bite rule,” where a dog owner may be held strictly liable if they knew or should reasonably have known that their dog had dangerous propensities. This principle comes from the Texas Supreme Court case Marshall v. Ranne, which involved a boar but established the broader rule applying to potentially dangerous animals. Essentially, if a dog (or other animal) has previously bitten someone or exhibited aggressive behavior, the owner is on notice, making a subsequent bite potentially the basis for strict liability. Under strict liability, the victim need not prove that the owner was negligent in the way they controlled the animal, only that the owner knew of the dog’s perilous past, and the bite occurred as a result.

Handling a First-time Bite: Negligence Claims

What if the dog has no prior record of aggression? Texas law still allows victims to pursue compensation under a negligence theory. In these cases, the victim must prove the owner’s negligence, such as by allowing the dog to roam off-leash or failing to secure the animal properly. General negligence principles apply in Texas even absent an animal’s prior aggression.

Negligence claims can also involve the concept of comparative negligence. In Texas, if an injury victim is found partly responsible for causing the accident or contributing to their injuries, then any monetary award they receive is reduced proportionately. In other words, if they are 20% to blame, then their award is reduced by 20%. However, if they are more than 50% responsible, then they cannot recover at all; the victim’s share of fault must be less than the other party’s in order to have a valid personal injury claim.

In the case of a dog bite, comparative fault might include, for instance, provoking the dog, trespassing on private property, or ignoring warning signs. Dog owners and their insurance companies will often put forward claims of comparative negligence as a defense to avoid liability or minimize what they have to pay. Having a skilled attorney on your side helps ensure you are not unfairly saddled with any portion of blame that does not fairly belong to you.

Note that comparative negligence only applies to negligence claims where the owner had no previous knowledge of the animal’s vicious propensity. Comparative fault is not a defense to strict liability where the owner knew the dog was dangerous and might bite or attack.

Other Potential Liable Parties: Property Owners and Landlords

Liability doesn’t always end with the dog’s owner. In certain circumstances, property owners or landlords might also bear responsibility, especially if they had control over the common areas where the attack occurred and had actual or constructive knowledge of the dog’s dangerous tendencies. For example, a landlord may be liable if they know that a tenant’s dog has attacked before and fail to take action in shared areas. Likewise, a professional dog walker or dog sitter takes on the responsibility to control the animal and act with care for the safety of others.

The Impact of Local Ordinances on Dog Bite Claims in Texas

Some Texas municipalities impose stricter rules that may amount to local strict liability, regardless of the dog’s history. Such local regulations may include leash laws, mandatory fencing, or requirements for labeling dogs as dangerous. Violations of these ordinances may strengthen a victim’s claim by highlighting the owner’s failure to follow safety protocols.

Criminal Liability for Severe Attacks

In certain situations involving serious injury or death, a dog owner may face criminal charges if, for example, they concealed their pet’s dangerous behavior, trained the dog to attack, or failed to secure the animal. These criminal charges are separate from civil lawsuits and are handled by county prosecutors. While criminal charges can bolster a civil claim, dog bite victims may proceed with their own civil claim regardless of whether criminal charges are filed.

Statute of Limitations: Act Within Two Years

Dog bite victims in Texas generally have two years from the date of the bite to file a civil lawsuit. This deadline stems from the general statute of limitations for personal injury claims under Texas law. Special rules apply for minors or individuals with certain mental incapacities, which may extend the filing deadline, but missing the window results in losing the right to sue, so it’s critical to get a lawyer early to protect your right to file a claim.

What If You’re Bitten—Steps to Take

When a dog bite occurs, prompt action matters. First, seek medical care; dog bites can lead to infection or more serious complications if not adequately treated. Document your injuries thoroughly: take photos, keep medical records, and note the circumstances of the incident. Report the attack to animal control or law enforcement; their reports can support your case and protect the public. If possible, gather witness information, identify the dog’s owner, and preserve any surveillance footage or physical evidence. As soon as possible, consult an experienced personal injury attorney. Early action preserves evidence and legal options.

Recovery: What Damages Can You Pursue?

Victims may seek compensation for a wide range of losses. These include past and ongoing medical treatments, future healthcare needs, lost wages or reduced earning capacity due to disability, pain and suffering, emotional trauma, disfigurement, and more. An attorney can help calculate and pursue the full scope of damages.

Why Legal Help Matters

Dog bite cases may appear clear-cut to victims, but legal hurdles are common. Establishing owner knowledge, countering defenses like provocation or trespass, dealing with comparative fault allegations, and proving ongoing care needs all require legal skill. Furthermore, insurance companies may attempt to minimize settlements. Legal representation from an attorney familiar with Texas law ensures evidence is handled properly, deadlines are met, and your rights are protected in settlement negotiations or in court.

Contact Gilbert Adams Law Offices

If you or someone you know has been bitten by a dog in Beaumont, Southeast Texas, or statewide, Gilbert Adams Law Offices stands ready to help. We handle every step and work to secure the compensation you deserve for your injuries, loss, and recovery. Contact us today for a free consultation.