Who is liable if a dog bites me in Texas?

1. Liability Standard

Texas is a one-bite state. Under Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), an owner is strictly liable only when they knew or should have known the dog had dangerous propensities abnormal to its class.

2. Statutory Elements (Strict-Liability States)

Texas has no general strict-liability dog-bite statute. Bite victims rely on common-law theories.

3. Common-Law "One-Bite" Doctrine

Plaintiff must prove: (a) defendant owned or harbored the dog; (b) the dog had dangerous propensities abnormal to its class; and (c) defendant knew or had reason to know of those propensities (scienter). Alternatively, the victim may sue for negligence by showing the owner failed to use reasonable care and that failure caused the injury. Violation of a local leash ordinance can support negligence per se.

4. Trespasser Defense

Trespassers face significant hurdles; owners owe only a duty not to willfully injure.

5. Provocation Defense

Provocation is a complete defense in scienter-based claims. Texas applies modified comparative fault (51% bar) for negligence claims.

6. Comparative Fault

Under Tex. Civ. Prac. & Rem. Code § 33.001, plaintiffs more than 50% at fault recover nothing.

7. Landlord Liability

Landlords are generally not liable absent actual knowledge of the dog's viciousness and the ability to remove the dog (Batra v. Clark).

8. Homeowner's Insurance

Texas homeowner's policies typically cover dog bites; breed exclusions are common.

9. Damages

Medical bills, lost wages, scarring, pain and suffering, mental anguish, and future medical care.

10. Criminal Liability

Owners may face felony charges under Tex. Health & Safety Code § 822.005 ("Lillian's Law") if a dangerous dog causes serious injury or death.

This is legal information, not legal advice.