Texas follows what's commonly known as the "one bite rule" when it comes to dog bite cases, but determining liability isn't always as simple as it sounds. Whether you've been bitten by a dog or are concerned about your rights, understanding how Texas handles dog bite liability is crucial for protecting yourself and your legal interests.
Texas Dog Bite Laws: The "One Bite Rule"
Unlike many states that have specific dog bite statutes, Texas relies on case law established by the Texas Supreme Court in Marshall v. Ranne. Under this precedent, a dog bite victim must prove either: The dog's owner knew the dog had bitten someone before or acted aggressively in the past (hence the "one bite" rule) OR the owner was negligent in preventing the bite, and this negligence caused the injury.
This might seem to give dog owners a "free pass" on their dog's first bite, but that's not entirely accurate. Even if it's a dog's first incident, owners can still be held liable through negligence if they failed to take reasonable precautions to prevent the bite.
Owner Liability Through Negligence
Dog owners can be found negligent in various ways, including:
- Failing to properly secure their dog in a fenced yard
- Not keeping their dog on a leash in public areas
- Allowing their dog to roam freely in violation of local ordinances
- Failing to warn visitors about their dog's aggressive tendencies
- Not properly socializing or training their dog
Local Ordinances and Additional Liability
- Mandatory leash laws
- Fencing requirements
- Special restrictions for dangerous breeds
- Registration and vaccination requirements
Violation of these ordinances can serve as evidence of negligence in a dog bite case, making it easier to establish owner liability even without proving previous aggressive behavior.
Dangerous Dog Classifications
Texas law defines specific procedures for declaring a dog "dangerous" based on previous behavior. If a dog has been officially designated as dangerous, owners face:
- Additional liability for any subsequent incidents
- Strict requirements for securing and insuring their dog
- Potential criminal charges for failing to comply with dangerous dog regulations
Defenses Dog Owners Might Raise
Common defenses in Texas dog bite cases include:
- Trespassing: The victim was unlawfully on the property
- Provocation: The victim provoked the dog
- Assumption of risk: The victim was aware of and accepted the risk
- Comparative negligence: The victim's own negligence contributed to the incident
Steps to Take After a Dog Bite
If you've been bitten by a dog in Texas:
- Seek immediate medical attention, even for seemingly minor bites
- Report the incident to local animal control or law enforcement
- Document everything, including hotos of your injuries, the location where the incident occurred, contact information for the dog owner as well as names and contact information of any witnesses
- Keep records of all medical treatments and related expenses
- Avoid discussing fault or settling with the owner before consulting an attorney
Damages Available in Dog Bite Cases
Victims of dog bites in Texas may be entitled to compensation for:
- Medical expenses (including future medical care)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Disfigurement
- Physical impairment
- Insurance Considerations
Most homeowners' and renters' insurance policies cover dog bite liability, though some exclude certain breeds or require additional coverage. Understanding the available insurance coverage is crucial for ensuring adequate compensation for your injuries.
