Dog bites can cause serious injuries and emotional trauma, and victims in Texas often wonder who is responsible for their damages. Unlike many states that follow strict liability, Texas uses the “one-bite rule,” which can make proving a claim more complex. Understanding how this rule works and what evidence you need can help you take the right steps toward recovery and compensation after an attack.
Understanding Texas’ One-Bite Rule
Texas follows a “one-bite rule,” meaning that dog owners are not automatically liable for the first time their dog bites someone unless they knew or should have known the animal was dangerous.
In other words, an owner can only be held legally responsible if:
- The dog previously bit someone or acted aggressively, and
- The owner knew about the dog’s behavior but failed to take reasonable steps to prevent harm.
This rule stems from Texas common law rather than a specific statute, so proving a case often depends on the facts and available evidence. Texas courts recognize two possible legal paths for dog bite victims: strict liability under the one-bite rule when prior knowledge is proven, and negligence claims when the owner’s careless conduct caused the attack.
When an Owner May Still Be Liable Without a Prior Bite
Even if the dog has never bitten anyone before, the owner might still face liability under general negligence laws. This happens when:
- The owner failed to control or restrain the dog in a public area.
- Local leash laws or animal control ordinances were violated.
- The owner ignored warnings about the dog’s behavior or allowed unsafe conditions.
Negligence claims don’t require proof of a previous bite, but you must still show the owner acted unreasonably and that this conduct led to your injury.
What Victims Must Prove After a Dog Bite
To hold a dog owner accountable, you typically need to prove:
- The dog had dangerous tendencies known to the owner.
- The owner failed to take reasonable precautions to prevent an attack.
- You were legally present where the attack occurred (not trespassing).
- You suffered injuries and damages as a result.
Evidence can include witness statements, prior animal control reports, veterinary records, or photos of warning signs on the property.
Common Injuries and Damages in Texas Dog Bite Cases
Dog bite injuries can range from puncture wounds to permanent scarring and infections. Victims may also experience lasting trauma or financial losses. Recoverable damages often include:
- Medical expenses and future treatment costs
- Lost wages or reduced earning capacity
- Pain and suffering
- Scarring, disfigurement, or emotional distress
Prompt medical care and documentation are key to building a strong claim.
How an Attorney Can Help Strengthen Your Claim
Dog bite claims in Texas can be difficult to prove because of the state’s one-bite rule, which requires evidence that the owner knew the dog was dangerous. An experienced personal injury attorney can help you by:
- Investigating the dog’s history and prior incidents
- Gathering medical and witness evidence
- Communicating with insurers on your behalf
- Building a strong negligence or strict liability argument
Legal guidance can make a significant difference in the outcome of your claim and the compensation you receive.
Get Legal Help After a Dog Bite in Texas
If you’ve been bitten or attacked by a dog, you shouldn’t have to manage recovery and legal claims alone. We can help you understand your rights, gather the evidence needed, and pursue the compensation you deserve for your injuries and losses.
Contact Hubbs Law today to schedule a consultation and learn how we can help protect your recovery.
FAQ: Texas Dog Bite Claims
Can I sue for a minor dog bite in Texas?
Yes. Even if your injuries seem minor, you may still have a valid claim for medical costs, scarring, or emotional distress. A personal injury attorney can evaluate your case and determine whether the owner’s negligence contributed to the attack.
How long do I have to file a dog bite claim in Texas?
The statute of limitations for most dog bite claims in Texas is two years from the date of the injury. Waiting too long can affect your ability to recover compensation, so it’s best to speak with a lawyer as soon as possible.
Are landlords or property owners ever responsible for dog bites?
In some cases, yes. If a property owner knew about a dangerous dog and failed to remove it or warn visitors, they could share liability. This often arises in rental properties or shared housing situations.