Understanding Texas Dog Bite Laws: What You Need to Know

Dog bites can be frightening and cause significant injuries, both physical and emotional. In Texas, there are laws in place to protect individuals who are bitten by dogs, but understanding these laws can be a bit complicated. Whether you’re a dog owner or someone who has been injured by a dog, it’s important to know your rights and responsibilities under Texas law. This guide will help you understand the key points about dog bite laws in Texas, what to do if a dog bites you, and how legal processes work in these cases. At, Willumsen Law Firm, P.C. , we are here to guide you through the legal process and help you navigate the complexities of your case.

Dog Bite Laws in Texas

Texas does not have a specific statute that solely addresses dog bites. Instead, dog bite cases in Texas often fall under the “one bite rule.” This means that a dog owner may be held liable if their dog has bitten someone before, or if they knew the dog was dangerous. Under this rule, a victim of a dog bite must prove that the dog’s owner knew their dog was capable of biting or had bitten someone in the past.

However, the “one bite rule” is not the only way a dog owner can be held responsible. Texas law also allows victims to pursue legal action based on negligence. If a dog owner fails to act responsibly or keep their dog under control, and this failure leads to someone getting bitten, the owner may be found negligent. For instance, if a dog is allowed to run loose in a public space and bites someone, the owner could be held accountable for not taking the necessary precautions.

Negligence and Strict Liability

In Texas, the legal concept of negligence plays a key role in dog bite cases. Negligence occurs when someone fails to take proper care or act in a reasonable manner, resulting in injury to another person. For a dog bite victim to win a negligence case, they must show that the dog owner’s carelessness directly caused the injury. This can include failing to leash the dog in a public place or allowing the dog to escape from the yard.

While Texas doesn’t have strict liability laws for all dog bites, there are situations where strict liability might apply. Strict liability means that the dog owner is automatically responsible for injuries caused by their dog, even if they didn’t know the dog was dangerous. This usually applies in cases where a dog is classified as “dangerous” or has a history of violent behavior.

It is important to understand that in strict liability cases, the dog owner cannot argue that they did not know the dog would bite. If the dog is deemed dangerous, the owner must take extra steps to prevent harm, such as keeping the dog in a secured enclosure or muzzling the dog in public. Failing to do so could result in the owner being held responsible for any bites or injuries that occur.

Fred Willumsen

Managing Attorney

Helping Injury Victims for Over 25 Years

My focus is to give a voice to families who have suffered a wrongful death or a serious injury to a family member caused by an 18-Wheeler, commercial truck, or a drunk driver. 

Contact us today, we can help you.

Fred Willumsen

Managing Attorney 

Helping Injury Victims for Over 25 Years

My focus is to give a voice to families who have suffered a wrongful death or a serious injury to a family member caused by an 18-Wheeler, commercial truck, or a drunk driver. 

Contact us today, we can help you.

Steps to Take if You Are Bitten by a Dog

If a dog bites you in Texas, there are a few important steps you should follow. First, seek medical attention immediately. Even minor bites can lead to infections, so it is important to have a doctor examine the wound as soon as possible. Afterward, it’s crucial to document everything related to the bite, including taking pictures of the injury, keeping track of medical bills, and recording any statements from witnesses who saw the attack.

Next, you should identify the dog and its owner. This information will be helpful if you decide to pursue legal action. It is also important to report the bite to local animal control authorities. They will investigate whether the dog has been involved in any prior incidents or if it is considered dangerous. The animal control report can be useful evidence if you choose to file a claim against the dog owner.

It is also recommended that you consult with a lawyer who understands Texas dog bite laws. They can help guide you through the legal process, determine whether you have a strong case, and represent your interests in court if needed.

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Owner’s Responsibilities Under Texas Law

Dog owners in Texas have a responsibility to ensure that their pets do not cause harm to others. This means they should take reasonable steps to prevent their dog from biting someone. For example, dogs must be leashed in certain public areas, and dangerous dogs must be kept in secure enclosures or muzzled when out in public.

If a dog is classified as dangerous under Texas law, the owner has additional responsibilities. A dangerous dog is one that has previously attacked someone or has shown aggressive behavior. Owners of dangerous dogs are required to register their dog with local authorities, and they must also maintain liability insurance to cover any potential injuries caused by the dog.

Failing to meet these responsibilities can result in fines or criminal charges. In cases where a dog owner’s negligence leads to a bite, they can be sued by the victim for medical expenses, lost wages, and pain and suffering. The amount of compensation will depend on the severity of the injuries and the circumstances surrounding the bite.

Can a Dog Owner Defend Themselves Against a Dog Bite Claim?

Dog owners in Texas do have certain defenses they can use if they are being sued after their dog bites someone. One common defense is to argue that the victim was trespassing on their property. In Texas, dog owners are generally not held liable for bites that occur if the victim was on their property without permission.

Another defense is provocation. If the dog owner can show that the victim provoked the dog, such as by hitting or taunting the animal, they may not be held responsible for the bite. However, proving provocation can be difficult, and it often requires witness testimony or other forms of evidence.

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Texas also recognizes the concept of comparative negligence. This means that if the victim is partially responsible for the bite, their compensation may be reduced. For example, if a person ignored warnings to stay away from the dog or approached the dog aggressively, the court might reduce the amount of damages the victim can recover.

What Compensation Can a Dog Bite Victim Receive?

Victims of dog bites in Texas may be entitled to compensation for a range of damages. These can include medical expenses, which cover the cost of treatment for the bite, including doctor visits, medication, and rehabilitation. In severe cases, where a victim is left with permanent scars or disfigurement, compensation may also be awarded for cosmetic surgery or counseling to address emotional trauma.

Victims may also recover lost wages if the bite caused them to miss work. Pain and suffering damages are often included as well, particularly in cases where the injury has long-term effects on the victim’s quality of life. In rare instances, punitive damages may be awarded if the dog owner’s actions were particularly reckless or if they intentionally allowed the dog to attack someone.

However, the amount of compensation will vary depending on the circumstances of the bite and the severity of the injuries. It’s important for victims to work with a knowledgeable legal team who can help them understand their rights and build a strong case.

Statute of Limitations for Dog Bite Claims in Texas

If you have been bitten by a dog in Texas, it’s important to act quickly. The state has a statute of limitations for personal injury claims, which includes dog bites. In Texas, the statute of limitations is typically two years from the date of the injury. This means that if you do not file a lawsuit within two years, you may lose the right to pursue compensation for your injuries.

There are some exceptions to this rule, such as if the victim is a minor, but in most cases, it’s essential to begin the legal process as soon as possible. Consulting with a lawyer early on can help ensure that all deadlines are met and that you have the best chance of recovering compensation for your injuries.

Understanding Texas dog bite laws can be complex, especially when dealing with the aftermath of a painful or traumatic incident. If you or someone you love has been bitten by a dog, knowing your rights and responsibilities under the law is critical. Seeking legal advice from a knowledgeable firm can help you navigate the process and ensure that you are fairly compensated for your injuries. Willumsen Law Firm, P.C. is here to provide guidance and support during this challenging time. To learn more about how we can help with your case, contact us today.

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