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How does Texas handle dog bite liability?

On Behalf of | Feb 13, 2025 | Injuries |

Dog bites cause serious injuries, and understanding Texas law on liability helps if a dog bites you or you own one. Unlike some states with strict liability laws, Texas follows a different approach that determines responsibility.

The “One Bite” Rule in Texas

Texas uses the “one bite” rule, meaning a dog owner may not face liability the first time their dog bites someone—unless they knew the dog was dangerous. If the owner knew about previous aggressive behavior, they bear responsibility for any injuries. This rule requires the injured person to prove the owner knew about the dog’s behavior.

Negligence and Dog Bite Cases

Even if a dog has never bitten before, an owner still faces liability under negligence laws. If an owner fails to properly restrain or control their dog and it injures someone, the owner becomes responsible. For example, if a dog runs off-leash in a public area or escapes from a fenced yard, the owner’s negligence causes the injury.

Defenses in Dog Bite Cases

Dog owners may argue that the injured person provoked the dog or trespassed at the time of the attack. Texas law does not automatically hold an owner responsible if the person who got bitten illegally entered private property or acted recklessly before the bite. These defenses complicate personal injury claims.

Understanding Your Rights

If a dog bites you, document the attack and gather evidence to support a claim. Witness statements, medical records, and proof that the owner knew about the dog’s behavior strengthen a case. Knowing how Texas law handles liability helps protect your rights.

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