Texas Dog-Bite Laws

When a dog hurts someone in Texas, state law determines everything from the owner's financial responsibility to the victim's deadline for filing a lawsuit. In rare cases, owners can even face criminal charges for serious injuries inflicted by their animals. If you're a dog owner in Texas, or you've been injured by someone's pet, you should know how these rules apply to you.

When Texas Dog Owners Are Liable for Injuries

Unlike most states, Texas has no civil statute that spells out a dog owner's civil liability for damages when their animal bites or otherwise injures someone. But Texas's state courts have ruled that there are two situations in which owners can be found liable for injuries caused by their dogs.

Liability under the "one-bite" rule. Like many states, Texas follows a version of the so-called "one-bite" rule. This means that an owner who knows (or should know) that their dog might be dangerous is strictly liable if it attacks someone.

Strict liability means a victim can recover damages without having to prove that their injuries were caused by the owner's irresponsibility. Once an owner is on notice that their dog has dangerous or aggressive tendencies, they're responsible for any bites or other injuries it inflicts. The owner is liable even if they acted responsibly and took precautions to protect people from the animal.

Liability based on negligence. Owners who have no reason to think their dogs might be dangerous can still be sued for negligence. To prove liability in a negligence case, a victim has to show that:

• they were injured by the owner's dog, and
• the attack happened because of the owner's irresponsibility.

For example, an owner could be found negligent if they let their dog roam off-leash, and the dog runs into and knocks over a pedestrian.

(Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974); Dunnings v. Castro, 881 S.W.2d 559 (Tex. App. 1994).)

The Statute of Limitations for Texas Dog-Bite Lawsuits

Each state has laws called "statutes of limitations" that set deadlines for filing lawsuits in civil court. Different deadlines apply to different kinds of cases. Like most states, Texas doesn't have a specific statute of limitations for dog-bite lawsuits. Instead, it has a general rule for personal injury cases, including dog-injury cases.

Texas's personal injury statute of limitations requires a prospective plaintiff to file any lawsuit "not later than two years after the day the cause of action accrues." In other words, a victim has two years from the day that they're injured to sue the dog's owner.

If you don't get your Texas dog-bite lawsuit filed before the two-year deadline passes, you'll almost certainly lose your right to hold the dog owner liable for your injuries.

(Tex. Civ. Prac. and Rem. Code Code § 16.003 (2024).)

Criminal Charges for Some Dog-Bite Incidents

In rare cases, Texas dog owners can face felony charges in addition to civil liability. An owner found guilty of a felony could face prison time, and their dog could be euthanized. But these criminal consequences only apply when an owner's failure to control their dog leads to a very serious attack.

Felony charges for criminally negligent owners. A dog owner can be charged with a felony if:

• their criminal negligence leads to an attack
• the attack does not take place on the owner's property (or in the owner's vehicle)
• the attack is not provoked, and
• the victim is killed or seriously injured.

Criminal negligence is much more serious than the civil negligence we talked about above. An owner can be liable for negligence in a civil case if their careless or irresponsible conduct led to the victim's injuries. But a Texas dog owner can only be criminally negligent if they should have known they were creating "a substantial and unjustifiable risk" that their dog would seriously injure or kill someone.

Felony charges for owners of "dangerous" dogs. An owner can be charged with a felony if:

• they know their pet is "dangerous" as defined by Texas law
• the dog attacks someone while it's outside of its secure enclosure
• the attack is not provoked, and
• the victim is killed or seriously injured.

According to Texas law, a "dangerous dog" is a canine with a history of violent or threatening behavior. Specifically, a dog might be designated as dangerous if it either:

• attacked and injured someone, or
• behaved in a threatening way that made someone afraid they'd be attacked and injured.

Even if a dog does one of these things, though, it won't be designated as dangerous if:

• the incident occurred inside the secure enclosure where the dog is usually kept, or
• the dog was provoked.

(Tex. Health and Safety Code § 822.005 (2024); Tex. Pen. Code § 6.03 (2024); Tex. Health and Safety Code § 822.041 (2024).)

Defenses to a Texas Dog-Bite Claim

Texas dog owners have several potential defenses to a dog-bite lawsuit.

Owners can argue that the one-bite rule doesn't apply. An owner sued under Texas' one-bite rule can defend themselves by:

• disputing evidence presented by the victim that the dog had previously behaved in a threatening or dangerous way, and
• showing they had no reason to think their dog might hurt someone—for example, by getting testimony from a dog walker, a veterinarian, or neighbors that their dog was calm and well-trained.

If a victim can't prove the owner knew their dog might be dangerous, then the owner can't be held strictly liable. Instead, the victim would have to prove that the owner was negligent, which requires additional evidence of irresponsible conduct by the owner.

Owners can argue that the victim was negligent. Under Texas' comparative negligence system, the amount of damages a plaintiff can receive is reduced in proportion to their responsibility for the incident. Plaintiffs who are more than 50% responsible aren't entitled to any compensation. Victims can share responsibility in a dog-bite case if, for example, they carelessly startled or provoked the animal.

(Tex. Civ. Prac. and Rem. Code § 33.001 (2024); Tex. Civ. Prac. and Rem. Code § 33.012(a) (2024).)

Owners can argue the victim was trespassing. A trespasser is anyone who doesn't have either permission or a legal reason (for example, delivering the mail) to be on someone else's property. Texas property owners aren't strictly liable for injuries their dogs inflict on trespassers. A trespasser can recover damages only if they can show that the owner's actions were particularly bad—for example, letting their dog hurt someone intentionally or through gross negligence.

(Marshall v. Ranne (511 S.W.2d 255 (Tex. 1974); Mayer v. Willowbrook, 278 S.W.3d 901 (Tex. App. 2009).)

Other defenses. Liability will always hinge on the facts of the case. If you have specific questions about legal responsibility for a dog bite or other injury, it may be helpful to speak with an attorney.

Handling a Dog-Bite Claim in Texas

Whether you've been hurt by someone's dog or someone is accusing your pet of an attack, it's important to know the basics of how the law deals with dog bites and other injuries caused by pets. You can read more about how comparative negligence works in dog-bite cases, and about the factors that go into deciding when owners are responsible for the actions of their pets.

If you have questions about what Texas's dog-bite laws mean for your situation, or are simply interested in getting help from a professional, consider reaching out to an attorney with experience handling animal cases.