Texas Dog Bite Laws
If you’ve been bitten by a dog in Texas—or you’re trying to understand what the law says about responsibility after a bite—it can be hard to find one clear rule. That’s because Texas doesn’t have a single statute that covers every dog bite situation. Instead, several different laws may come into play depending on how the bite happened, what the owner knew about the dog, and whether any safety rules were ignored.
Some of the rules come from court decisions. Others are found in the Texas Health and Safety Code, which lays out what cities and counties can do when a dog is considered dangerous. The laws in place affect everything from financial responsibility to whether a dog needs to be confined, insured, or euthanized after an attack.
Texas law doesn’t treat every dog bite the same. The outcome depends on the details—what the dog did, what the owner knew, and whether any safety laws were ignored. Different rules may apply depending on the facts, including the severity of the injury, any known history of aggression, and how the owner responded after the attack.
When an Owner May Be Held Responsible
The One-Bite Rule
Texas follows the one-bite rule as outlined in Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974). Under the one-bite rule, an owner may be held strictly liable if they knew—or should have known—that their dog had dangerous tendencies before the bite occurred. That knowledge, known as scienter, doesn’t require a prior bite. Habitual growling, snapping, lunging, or other threatening behavior can be enough if a reasonable person would see it as a warning sign.
A first bite doesn’t automatically excuse the owner. If there were earlier signs of aggression that went ignored, liability may still apply.
Negligence
When there’s no clear history of aggression, Texas law still allows an injured person to seek compensation by showing that the dog owner failed to act with reasonable care. A negligence claim is based on four elements:
- The owner had a legal duty to prevent harm
- That duty was breached
- The breach caused the injury
- The victim suffered actual damages
Liability usually depends on whether a reasonable person would have acted differently under the same circumstances. For example, a dog owner who allows an excitable dog to run loose in a park, ignores warnings from neighbors, or leaves a gate unsecured could be found negligent. Letting a dog roam off-leash in an area with leash laws is another clear example.
If the dog injures someone as a result of that carelessness, the dog bite case may succeed even if the dog had never bitten before. The law doesn’t require a known history of aggression to hold a dog owner liable, especially when their actions, or inaction, create an obvious risk.
Negligence Per Se
Texas law recognizes negligence per se when a dog owner violates a safety rule—and that violation causes the kind of injury the law was meant to prevent. In dog bite cases, this can streamline the case by shifting the focus away from what a “reasonable person” would have done. If the owner broke the law and someone was injured as a result, that alone may be enough to establish fault.
Some examples include:
- Failing to leash a dog in public, in violation of local ordinances
- Letting a dangerous dog roam freely after it was officially classified under Texas Health and Safety Code Chapter 822
- Ignoring a containment requirement imposed after a prior attack
Some cities treat leash law violations or allowing dogs to roam at large as a Class C misdemeanor. When these violations result in a bite, the owner may face both civil liability and criminal negligence charges—especially if the failure to control the dog created a substantial and unjustifiable risk to others.
In a Texas dog bite case, the owner’s intent or knowledge may not matter if they violated a law designed to prevent the type of harm that occurred. When the statute is clear and the violation caused the injury, liability can follow without needing to prove the owner acted recklessly or understood the risk.
Strict Liability in Texas: Limited but Real
Texas doesn’t impose universal strict liability for dog bites. However, strict liability may still apply under two conditions:
- Scienter is proven under the one-bite rule, creating a form of common law strict liability
- A dangerous dog statute or ordinance was violated, and the dog had a known history of aggression
Once an owner is on notice that their dog is dangerous, they’re held to a higher standard. If they fail to follow statutory obligations, they may be liable without needing to prove negligence again.
What Texas Health & Safety Code Chapter 822 Requires
Dogs That Cause Serious Injury or Death
Subchapter A covers situations where a dog causes death or what the law defines as serious bodily injury—an injury that would typically require hospitalization or surgery (Tex. Health & Safety Code § 822.001(2)).
If a sworn complaint is filed under § 822.002, a court “shall” order the dog seized. A hearing is held within 10 days to decide the outcome:
- If the court finds the dog caused a person’s death, it has to be destroyed (§ 822.003)
- If serious injury occurred, destruction is optional unless defenses apply
Factors that may influence the outcome include whether the dog was provoked, whether the injured person was trespassing, or whether the dog was defending property or offspring.
Sometimes, dog bite levels are used to evaluate the severity of the attack and help determine the appropriate response. Levels range from superficial contact to severe mauling and may influence decisions around quarantine, dangerous dog classification, or destruction.
When a Dog Is Declared Dangerous
Subchapter D (Tex. Health & Safety Code §§ 822.041–.047) allows animal control to classify a dog as dangerous if it:
- Makes an unprovoked attack that causes injury outside a secure enclosure, or
- Acts aggressively in a way that causes someone to reasonably fear an imminent attack
Once a dog is classified, the owner is required to:
- Register the dog with animal control
- Keep it restrained or enclosed at all times
- Maintain at least $100,000 in liability insurance
- Display warning signs and meet any local requirements
If the owner fails to comply within 30 days, the dog may be seized and destroyed. Owners are responsible for costs under § 822.042.
Criminal Liability Under Lillian’s Law
Texas Health & Safety Code § 822.005 (Lillian’s Law) allows felony charges when:
- A dog causes serious injury or death in an unprovoked attack, and
- The owner acted with criminal negligence, or
- The dog had already been declared dangerous and the owner failed to follow required precautions
Criminal negligence under Texas Penal Code § 6.03(d) means “gross deviation” from the standard of care that an ordinary person would exercise. This law applies when an attack happens off the owner’s property or outside a secure enclosure.
Penalties:
- Third-degree felony: 2–10 years in prison for serious injury
- Second-degree felony: 2–20 years for a fatality
Quarantine and Rabies Protocols
Under §169.27 of the Texas Administrative Code, once a dog is confirmed to have bitten a person, the animal has to be placed in quarantine for a 10-day period—even if it’s vaccinated. The quarantine has to meet the standards set in §826.002 of the Texas Health and Safety Code.
Quarantine may occur:
- At a licensed animal shelter
- In a veterinary facility
- At home (if approved by the local authority)
During this time, the dog is observed for signs of rabies. If the dog dies, or shows symptoms, its head has to be sent to a lab for testing. The owner typically pays all related costs.
What Happens When a Dog Bites Another Dog
Texas doesn’t have a civil statute specifically for dog-on-dog attacks, but Texas Health and Safety Code § 822.013 does specifically address liability for owners whose dogs attack other domestic animals, stating that the owner is liable for damages and costs. If a dog known to be aggressive harms another animal, the owner may be required to pay for vet bills, surgery, or loss of the pet.
Some cities (e.g., Austin and San Antonio) also classify dogs as “vicious” or “aggressive” if they repeatedly attack other animals, even without injuring a person.
Liability May Extend Beyond the Legal Owner
Keepers, Sitters, and Walkers
Anyone with control over the dog at the time of the attack—including dog walkers, sitters, and boarding kennels—may be liable if they knew about the dog’s tendencies and failed to take precautions.
The key is whether they had actual control and whether a reasonable person in their position would have prevented the attack.
Landlords and Property Managers
Landlords may also be held responsible under certain conditions:
- The attack happened in a common area under the landlord’s control, and
- The landlord knew the dog was dangerous
Key Texas cases include Baker v. Pennoak and Batra v. Clark, which clarify the duty of care landlords may owe to third parties.
Defenses That May Limit or Block a Dog Bite Claim
Provocation and Trespassing
Texas law allows owners to argue that the victim provoked the dog or was trespassing. Provocation may include hitting, teasing, entering a dog’s territory, or threatening the owner.
Comparative Fault
Under Tex. Civ. Prac. & Rem. Code § 33.001, if the victim is more than 50% responsible, they can’t recover damages. If fault is shared but less than 51%, any award is reduced proportionally. Comparative fault rules generally do not apply to cases where the owner is held strictly liable under the “one-bite rule” (Marshall v. Ranne) because they knew (or should have known) their dog was dangerous. In strict liability situations like this, the victim’s ordinary negligence typically doesn’t prevent or reduce their recovery.
Filing a Dog Bite Lawsuit in Texas
Texas sets a two-year deadline to file a dog bite lawsuit under Civ. Prac. & Rem. Code § 16.003. The clock starts on the date of the bite. Delays can jeopardize the case—even if the injury worsens later.
What Victims Should Do:
- Get medical care immediately
- Report the bite to local animal control
- Take photos of injuries and the scene
- Request vaccination records and owner details
- Document expenses, lost wages, and other impacts
Most claims are filed through the dog owner’s homeowners or renters insurance, but some cases may involve personal liability or criminal charges.
What You Can Do if You’ve Been Bitten in Texas
Dog bite cases in Texas require a close look at both facts and law. Whether a bite leads to civil damages, criminal charges, or seizure of the animal depends on what the owner knew, how the dog was managed, and whether any laws were broken.
If you’ve been bitten by a dog in Texas, Call Loewy Law Firm today at (512) 280-0800 to speak with our Texas dog bite lawyer who understands how Texas dog bite laws apply to your case and how to build a case that reflects the full compensation you deserve.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.