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Dog owners in Texas are not automatically liable for every bite their pet inflicts. Texas follows what is commonly called the “one bite rule,” which requires victims to prove the owner knew or should have known their dog was dangerous. However, several exceptions and alternative theories can establish liability even without prior bite history. If you were bitten by a dog in Bryan, College Station, or the Brazos Valley, a Bryan dog bite injury lawyer can help you understand your legal options.
Texas’s One Bite Rule Explained
Under Texas common law, a dog owner is liable for a bite injury if the owner knew or should have known that the dog had dangerous propensities. This knowledge can come from previous bites, aggressive behavior, or attempts to attack people or animals.
The rule does not literally require a previous bite. Evidence that the owner knew their dog was aggressive, even without a prior attack, can establish liability. However, if the dog had never shown dangerous behavior and the owner had no reason to know it might bite, the one bite rule may protect the owner from liability.
Proving Owner Knowledge of Dangerous Propensities
Establishing that the owner knew their dog was dangerous is often the key issue in Texas dog bite cases. Evidence that can prove knowledge includes, but is not limited to:
- Prior bites or attacks on people or other animals
- Complaints from neighbors about aggressive behavior
- The owner’s statements about the dog’s temperament
- The dog’s breed history if relevant to training or control measures
- Escape attempts or behavior indicating difficulty controlling the dog
- The use of warning signs like “Beware of Dog”
Scott Scherr at The Payne Law Group thoroughly investigates dog-bite cases to uncover evidence of the owner’s knowledge.
Strict Liability Exceptions in Texas
While Texas generally follows the one bite rule, certain circumstances can create strict liability regardless of the owner’s prior knowledge.
Dogs running at large may trigger liability under local leash laws and animal control ordinances. Many Texas cities, including Bryan, require dogs to be leashed or confined. Violating these laws can establish negligence per se.
Dangerous dog designations under Texas Health and Safety Code Chapter 822 impose strict requirements on owners of dogs officially classified as dangerous. Failure to comply with registration, containment, and insurance requirements can create liability.
Dog attacks causing serious bodily injury or death may result in criminal charges as well as civil liability.
Defenses Dog Owners May Raise
Dog owners and their insurance companies often assert defenses to avoid or limit liability.
Trespassing is a significant defense. If the victim was unlawfully on the owner’s property, the owner’s duty of care is reduced. However, this defense does not apply when the victim was lawfully present, such as postal workers, delivery drivers, or invited guests.
Provocation may defeat or reduce a claim. If the victim provoked the dog through teasing, hitting, or threatening behavior, the owner may argue the victim caused the attack. Accidental startling of a dog typically does not constitute provocation.
Comparative fault may reduce damages. Texas follows modified comparative negligence, meaning your recovery can be reduced if you were partially at fault and barred entirely if you were more than 50 percent responsible.
Landlord Liability for Tenant’s Dogs
Landlords can be held liable for tenants’ dogs under certain circumstances. If the landlord knew a tenant’s dog was dangerous and had the authority to remove the dog or evict the tenant, but failed to act, the landlord may share liability.
This commonly arises in apartment complexes where other tenants or management have complained about a dangerous dog, but the landlord took no action.
Compensation for Dog Bite Injuries
Dog bites can cause serious injuries requiring extensive medical treatment. Victims may recover compensation for economic and non-economic damages such as:
- Medical expenses including emergency care, surgery, and plastic surgery for scarring
- Lost wages if unable to work during recovery
- Pain and suffering from the physical and emotional trauma
- Permanent scarring or disfigurement
- Psychological impacts such as fear, anxiety, or PTSD
Children are particularly vulnerable to dog attacks and may suffer facial injuries that require multiple reconstructive surgeries over time.
Bryan Dog Bite Attorneys Ready To Help
If you or a loved one was injured by a dog in Bryan, College Station, or anywhere in the Brazos Valley, Scott Scherr at The Payne Law Group can help. Contact our office today for a free consultation. We will investigate your case, identify all potentially liable parties, and fight for the compensation you deserve.