Legally reviewed by Alexander Begum, Personal Injury Attorney
Key Takeaways
- Texas dog bite laws do not make owners automatically liable. Civil claims follow court-made rules: strict liability for an owner who knew the dog was vicious, and negligence for careless handling of any dog.
- The “one-bite rule” is not a free pass. The Supreme Court of Texas held in Bushnell v. Mott (2008) that even the owner of a dog not known to be vicious can be liable for failing to try to stop an attack once it starts.
- Lillian’s Law is criminal, not civil. Under Health and Safety Code §822.005, an owner whose unsecured dog makes an unprovoked attack off the owner’s property and causes serious bodily injury commits a third-degree felony, or a second-degree felony if the victim dies.
- Bites must be reported. Health and Safety Code §826.041 requires a person who knows of a bite that could transmit rabies to report it to the local rabies control authority, and the dog must be quarantined or tested.
- You generally have two years to sue. Civil Practice and Remedies Code §16.003 sets a two-year deadline for personal injury claims; for a bitten child, the clock usually does not start until age 18.
- Your share of fault matters. If you are found more than 50% responsible, for example by provoking the dog, you recover nothing; otherwise your damages are reduced by your percentage.
Under Texas dog bite laws, an owner is liable for a bite when the owner knew the dog was dangerous, or when the owner failed to use reasonable care in handling the dog. No Texas statute makes owners automatically responsible for every bite, so a civil claim turns on what the owner knew and did, before and during the attack.
The evidence that wins these cases, such as earlier complaints about the dog, an animal control report and what the owner did during the attack, is easiest to collect early. If you or your child was hurt, our Texas dog bite lawyers can review the facts with you for free.
Is Texas a “One-Bite” State?
Partly. Texas follows the traditional common-law approach, which people call the “one-bite rule,” but it is only one of two ways to hold an owner responsible. The Supreme Court of Texas summed up both paths in Bushnell v. Mott, 254 S.W.3d 451 (Tex. 2008), quoting its earlier decision in Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974): the owner of a vicious animal can be strictly liable for harm, while the owner of a non-vicious animal can be liable for negligent handling.
Strict liability: a known vicious dog
Strict liability means you do not have to prove the owner was careless. You have to prove the dog had vicious tendencies and that the owner knew it. A prior bite is the clearest proof, but earlier attempted attacks, neighbor complaints or warnings from animal control can also show the owner knew.
Negligence: careless handling
If the dog had no known history, you can still recover by showing the owner failed to use ordinary care and that the failure caused your injury. That depends on the facts: where the bite happened, whether the dog was loose off the owner’s property, and whether a local restraint ordinance applied. Texas cities and counties may adopt their own restraint rules under Health and Safety Code §826.033, which is why leash rules differ from place to place (see our guide to Houston’s leash laws for one example).
When the owner does nothing
In Bushnell, a woman delivering products to a customer’s home was attacked by three dogs that pushed through the door. The lower courts dismissed her case because the dogs were not known to be vicious. The Supreme Court of Texas reversed: the owner of a dog not known to be vicious still owes a duty to try to stop an attack once it begins, and evidence that the owner did nothing was enough to send the case forward.
Texas Dog Bite Rules at a Glance
Only the first two rules decide whether you are paid; the others create records that can prove a claim.
| Rule | Source | What it does | Why it matters to you |
|---|---|---|---|
| Strict liability | Texas common law (Marshall v. Ranne) | Makes the owner of a dog known to be vicious liable without proof of carelessness. | Prior complaints or bites become the key evidence. |
| Negligence | Texas common law (Bushnell v. Mott) | Makes an owner liable for failing to use ordinary care, including failing to stop an attack. | Works even for a dog that never bit anyone before. |
| Lillian’s Law | Health and Safety Code §822.005 | Makes certain serious attacks a felony for the owner. | A criminal case does not pay your bills, but its records can support your claim. |
| Dangerous dog rules | Health and Safety Code §§822.041-.042 | Requires registration, restraint and $100,000 in liability coverage for a dog declared dangerous. | A prior designation is strong proof the owner knew. |
Source: Texas Health and Safety Code Chapter 822; Supreme Court of Texas, Bushnell v. Mott.
Who Pays for a Dog Bite in Texas?
The claim is usually made against the dog’s owner, but the money usually comes from insurance. The Texas Department of Insurance says a homeowners policy might cover dog bite costs: medical payments coverage pays the medical bills of people hurt on the property, an umbrella policy can add liability coverage, and some policies exclude certain breeds.
Compensation falls into two groups under Civil Practice and Remedies Code §41.001: economic damages, such as medical bills and lost pay, and noneconomic damages, such as pain, mental anguish and disfigurement. Our article on dog bite settlement amounts in Texas covers what drives value.
Someone other than the legal owner, such as a person keeping or controlling the dog, may share responsibility. Whether a landlord or business can be responsible depends on what they knew and controlled.
Talk to a lawyer before the owner’s insurer records your statement. The adjuster’s first questions are usually about what you did before the bite, because your share of fault reduces what they pay. A short call first can protect your claim. Call (956) 982-1800 for a free consultation.
What Is Lillian’s Law in Texas?
Lillian’s Law is the name for Health and Safety Code §822.005, which makes some dog attacks a crime for the owner. An owner commits an offense if the owner, with criminal negligence, fails to secure the dog and the dog makes an unprovoked attack causing serious bodily injury or death somewhere other than the owner’s property, vehicle or boat. It is a third-degree felony, or second-degree if the victim dies, and the court may order the dog destroyed. A criminal case does not pay your medical bills, but its reports and witness statements can support your civil claim.
What Makes a Dog “Dangerous” Under Texas Law?
Under Health and Safety Code §822.041, a dangerous dog is one that makes an unprovoked attack causing bodily injury outside a secure enclosure, or that acts in a way that makes a person reasonably believe it will attack and cause injury. When someone reports an incident, the local animal control authority may investigate and, after taking sworn witness statements, declare the dog dangerous under §822.0421. The owner can appeal within 15 days.
Once an owner learns the dog is dangerous, §822.042 gives the owner 30 days to register it, keep it leashed or in a secure enclosure, and carry at least $100,000 in liability insurance or financial responsibility. For a victim, a dog already declared dangerous is powerful evidence that the owner knew of the risk.
Do You Have to Report a Dog Bite in Texas?
Yes. Health and Safety Code §826.041 says a person who knows of an animal bite that could reasonably transmit rabies must report it to the local rabies control authority, and the authority must investigate. The owner must then submit the dog for quarantine under §826.042. According to the Texas Department of State Health Services Animal Bites guide, a dog that bites a person must be quarantined or euthanized and tested regardless of its vaccination status. The 10-day observation period starts at the time of the bite, and the local authority may allow confinement at home under certain conditions.
The report also creates an official record of the date, the dog and its owner, which matters if the owner later disputes what happened.
What If You Were Partly at Fault?
Expect the owner’s insurer to argue that you provoked the dog, ignored a warning sign or were somewhere you should not have been. Texas handles those arguments through proportionate responsibility. Under Civil Practice and Remedies Code §33.001, a person who is more than 50% responsible for their own injury recovers nothing. At 50% or less, §33.012 reduces the damages by your percentage. For example, a person found 20% responsible would receive 80% of their damages.
Provocation matters in the statutes too: Lillian’s Law and the dangerous dog definition apply only to an unprovoked attack. Write down what happened before the bite while you remember it clearly.
How Long Do You Have to File a Dog Bite Claim in Texas?
In most cases, two years from the date of the bite. Civil Practice and Remedies Code §16.003 requires a personal injury lawsuit to be filed within two years after the claim accrues. Miss it and the claim is almost always lost. See our guide to the Texas personal injury statute of limitations.
The rule is different when the person bitten is a child. Under §16.001, the time while a person is under 18 is not counted, so a child’s own two years usually begin at age 18. Do not wait that long: witnesses move and records disappear. If your child was hurt, our child injury lawyers can explain which deadlines apply to each part of the claim.
What to Do After a Dog Bite in Texas
- Wash the wound and see a doctor, who will decide on rabies treatment, antibiotics and a tetanus shot, as DSHS advises.
- Report the bite to animal control or the rabies control authority and keep the report number.
- Get the owner’s contact and insurance information.
- Photograph your injuries and the scene, including any open gate or broken fence.
- Collect contact details for witnesses and neighbors who know the dog’s history.
- Write down what the owner did during the attack.
- Keep every medical bill and record of missed work.
- Talk to a lawyer before giving a recorded statement or signing anything.
Frequently Asked Questions
Does Texas have a one bite rule for dogs?
Yes, in part. An owner who knew the dog was vicious, often because it bit or tried to bite before, is strictly liable. But Texas also allows negligence claims against owners of dogs with no known history, including owners who fail to try to stop an attack once it starts, as the Supreme Court of Texas held in Bushnell v. Mott (2008).
Is it mandatory to report dog bites in Texas?
Yes. Health and Safety Code §826.041 requires anyone who knows of a bite that could reasonably transmit rabies to report it to the local rabies control authority, which investigates. The dog must then be quarantined or tested, and the report becomes an official record for your claim.
Who decides if a dog is put down after biting someone?
A court, not the victim. After a sworn complaint, a justice, county or municipal court holds a hearing and must order the dog destroyed if it killed a person, and may do so if it caused serious bodily injury (Health and Safety Code §822.003). Courts can also act in dangerous dog cases and Lillian’s Law convictions. Separately, a dog may be euthanized and tested for rabies instead of quarantined.
How long do I have to file a dog bite claim in Texas?
Generally two years from the date of the bite under Civil Practice and Remedies Code §16.003. For a child, the time before the child turns 18 usually is not counted under §16.001. Because evidence fades quickly, it is best to talk with a lawyer within weeks, not months.
Can I sue if a dog bites me on the owner’s property?
Often, yes. The owner can be liable if the owner knew the dog was vicious or failed to use ordinary care, such as doing nothing to stop an attack. Your reason for being there and any provocation can reduce or bar the claim.
Does homeowners insurance cover dog bites in Texas?
It might. The Texas Department of Insurance says home insurance might cover dog bite costs, including through medical payments coverage for people hurt on the property, but some policies exclude certain breeds. The policy language controls.
What if my child was bitten by a neighbor’s dog?
Get your child medical care, report the bite and write down what you know about the dog’s history; the same liability rules apply. A child’s own deadline usually starts at 18, but act quickly to preserve evidence.
Bitten by a Dog in Texas? Get The Giant on Your Side
The owner’s insurer starts building its version of events right away, and the proof of what the owner knew is easiest to find in the first weeks. The Law Giant’s premises liability lawyers represent dog bite victims across Texas, with dog bite teams serving Houston, San Antonio, Dallas, McAllen, Brownsville and Harlingen.
The consultation is free, and you pay no attorney’s fee unless we win. Call (956) 982-1800 or contact us online.
Sources and authorities
- Supreme Court of Texas, Bushnell v. Mott, 254 S.W.3d 451 (Tex. 2008) (per curiam), quoting Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974).
- Texas Health and Safety Code Chapter 822: §822.003 (hearing and disposition), §822.005 (attack by dog), §822.041 (definitions), §822.0421 (dangerous dog determination), §822.042 (owner requirements).
- Texas Health and Safety Code Chapter 826: §826.033 (local restraint rules), §826.041 (reports), §826.042 (quarantine).
- Texas Civil Practice and Remedies Code: §16.001, §16.003, §33.001, §33.012, §41.001.
- Texas Department of State Health Services, Animal Bites (rev. June 2020).
- Texas Department of Insurance, Home insurance might cover dog bite costs.
This article is general information about Texas law, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its facts; talk to a lawyer about yours. Past results do not guarantee a similar outcome.
