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Texas Dog Bite Law and the "One Bite" Rule

Texas follows what is commonly known as the "one bite" rule for dog bite liability. Unlike some states that hold dog owners strictly liable for any bite their animal inflicts, Texas requires the victim to show that the dog owner knew or should have known that the dog had dangerous tendencies.

The Texas Supreme Court established the framework for dog bite liability in *Marshall v. Ranne*, 511 S.W.2d 255 (Tex. 1974), and later refined it in *Dunnings v. Castro*, 881 S.W.2d 559 (Tex. App. 1994). Under this framework, a dog bite victim must generally prove the following.

The dog's owner or handler had knowledge of the dog's dangerous propensity (or should have known based on the circumstances)
The owner failed to exercise reasonable care to prevent the dog from biting or attacking
The owner's failure to exercise reasonable care was the proximate cause of the victim's injuries

The phrase "one bite rule" is somewhat misleading. It does not mean the dog gets one free bite before the owner faces liability. It means the victim must show that the owner had reason to know the dog could be dangerous. That knowledge can come from a prior bite, but it can also come from other evidence of aggressive behavior such as growling, lunging, snapping, or prior complaints from neighbors.

Steps to Take Immediately After a Dog Bite

Seek Medical Attention
Dog bites can cause serious infections, nerve damage, torn muscles, and deep puncture wounds that may not appear severe on the surface but can lead to dangerous complications. Dog saliva carries bacteria that can cause infections like pasteurella, MRSA, and in rare cases, rabies.
Go to an emergency room or urgent care facility as soon as possible. Even if the wound seems minor, a medical professional should evaluate it and determine whether you need antibiotics, a tetanus booster, or a rabies prophylaxis series.

Report the Bite
Report the dog bite to your local animal control agency. In most Texas cities and counties, animal control is required to investigate reported bites, quarantine the animal to check for rabies, and document the incident. The report generated by animal control becomes important evidence in your claim.
If the attack occurred at a rental property, also report it to the landlord or property management company. In some cases, landlords who knew about a dangerous dog on their property and failed to act may share liability.

Document Everything
Take photographs of your injuries immediately after the bite and throughout the healing process

Write down exactly what happened while the details are fresh in your memory, including where the attack occurred, whether the dog was on a leash, whether the owner was present, and what (if anything) the owner said

Get contact information from any witnesses

Keep records of all medical treatment, prescriptions, and follow-up visits

Save receipts for any expenses related to the bite, including medical bills, torn clothing, and missed work

Do Not Sign Anything From the Dog Owner's Insurance Company
The dog owner's homeowner's insurance or renter's insurance may cover the attack. An insurance adjuster may contact you quickly and offer a settlement. Do not sign any documents or accept any payments without first consulting a personal injury attorney. Early settlement offers are almost always far less than what the claim is worth.

Damages You Can Recover in a Texas Dog Bite Case

Texas law allows dog bite victims to recover compensation for all of the losses caused by the attack.

Medical expenses including emergency treatment, surgery, antibiotics, rabies shots, and follow-up care
Future medical costs for plastic surgery, scar revision, physical therapy, or psychological counseling
Lost wages if your injuries prevented you from working
Pain and suffering for the physical pain caused by the bite and the healing process
Mental anguish for the fear, anxiety, and emotional distress that often follow a dog attack, especially in children
Disfigurement and scarring for permanent marks left by the bite
Loss of enjoyment of life if the attack has left you afraid of dogs or unable to participate in activities you previously enjoyed

Dog Bites and Children

Children are the most common victims of dog bites. According to the Centers for Disease Control and Prevention, children between the ages of 5 and 9 have the highest rate of dog bite injuries. Children are also more likely to suffer bites to the face, head, and neck because of their small stature.

Dog bite injuries in children can cause lifelong scarring, require multiple reconstructive surgeries, and produce lasting psychological effects including post-traumatic stress disorder, nightmares, and a fear of animals that persists into adulthood.

When a child is bitten by a dog in Texas, the child's parents or legal guardians can file a claim on the child's behalf. The statute of limitations is tolled (paused) until the child turns 18, giving the child until age 20 to file a lawsuit. However, waiting that long is rarely advisable because evidence deteriorates and witnesses become harder to locate over time.

Landlord Liability for Dog Bites

In certain situations, a landlord may be held liable for a dog bite that occurs on rental property. If the landlord knew that a tenant's dog was dangerous and had the authority to remove the dog or enforce a pet policy but failed to act, the landlord may share responsibility for the injuries.

This issue arises frequently in apartment complexes where other tenants have complained about an aggressive dog, and management has done nothing in response. Those complaints become powerful evidence of the landlord's knowledge and failure to act.

Texas Dangerous Dog Statute

Texas Health and Safety Code Chapter 822 establishes a process for declaring a dog "dangerous" after an unprovoked attack. Once a dog is declared dangerous, the owner is subject to strict requirements including registration, secure enclosure, liability insurance of at least $100,000, and restraint with a leash and muzzle when the dog is outside its enclosure. Violations of these requirements carry criminal penalties.

Contact Medina and Medina After a Dog Bite

If you or your child has been bitten by a dog in Texas, Medina and Medina will investigate the attack, identify all responsible parties, and fight for the compensation you deserve. Call us at (512) 883-0012 for a free consultation. You pay nothing unless we win.

Áreas de Práctica Relacionadas

Premises Liability

Dog Bite

Sobre el Autor

Israel Medina

Socio fundador de Medina & Medina, Israel Medina es un abogado de lesiones personales que sirve a familias en todo Texas.

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