The Texas one bite rule can hold a dog owner liable when the owner knew or should have known that the dog had dangerous or aggressive tendencies. Despite its name, the rule does not necessarily give every dog one “free bite” before its owner can be held responsible.
Texas courts recognize the rule based on the Texas Supreme Court’s decision in Marshall v. Ranne. Dog bite victims may also have other grounds for pursuing compensation when an owner’s negligence causes an attack.
How Does the Texas One Bite Rule Work?
Under the one bite rule, an injured person can establish liability by showing that the owner knew or should have known the dog had dangerous tendencies.
Evidence of prior dangerous behavior does not have to be limited to an earlier bite. Previous attacks, threatening behavior, or other signs of aggression may help establish that an owner knew the dog presented a danger.
This makes the dog’s history an important part of investigating an Austin dog bite claim.
Can a Dog Owner Be Liable if the Dog Has Never Bitten Anyone Before?
Yes. A dog owner can potentially be liable even when the dog has never bitten anyone before. Texas recognizes negligence claims separate from liability based on a dog’s known dangerous tendencies.
For example, a negligence claim could arise when an owner fails to use reasonable care in controlling or securing a dog and that failure causes an injury. This distinction is important because a victim does not necessarily have to identify a previous bite to have a valid claim.
What Are Texas’s Dangerous Dog Laws?
Texas law imposes specific requirements on owners of dogs legally classified as dangerous. Under Texas Health and Safety Code § 822.041, a dog can qualify as dangerous after an unprovoked attack causing bodily injury outside its secure enclosure or certain unprovoked acts that cause someone to reasonably believe an attack will occur.
An owner who learns that they own a dangerous dog generally has 30 days to:
- Register the dog with the appropriate animal control authority
- Keep it leashed under immediate control or in a secure enclosure
- Obtain at least $100,000 in liability insurance or demonstrate financial responsibility
- Comply with applicable local dangerous-dog requirements
These requirements can become relevant when determining whether an owner took reasonable precautions before an attack.
Are There Special Dog Bite Rules in Austin?
Austin residents are subject to both Texas law and applicable local animal regulations. Austin Animal Protection handles dangerous-dog matters within Austin and unincorporated Travis County.
Someone who has been bitten can submit an animal bite report, and a signed bite affidavit is used when seeking a dangerous-dog designation. Austin also requires owners of registered dangerous dogs to comply with requirements such as restraint, registration, and liability coverage.
McMinn Personal Injury Lawyers has more than 40 years of combined experience and has recovered over $500 million for injured clients. Our Austin dog bite lawyers can investigate prior complaints, witness accounts, animal control records, and other evidence while handling negotiations with insurance companies.
How Long Do You Have to File a Texas Dog Bite Lawsuit?
Texas generally gives dog bite victims two years to file a personal injury lawsuit. Texas Civil Practice and Remedies Code § 16.003 establishes the state’s two-year limitations period for personal injury actions.
Exceptions can affect this deadline, so victims should not assume they always have the full two years.
Frequently Asked Questions
What Evidence Can Show That a Dog Was Dangerous?
Prior bites, attacks, aggressive behavior, complaints, animal control records, and witness statements may help demonstrate that an owner knew about a dog’s dangerous tendencies.
What Should I Do After a Dog Bite in Austin?
Seek medical attention, document your injuries, obtain the owner’s information, and report the incident to Austin Animal Protection when appropriate.
Does Texas Require Insurance for Dangerous Dogs?
Yes. Owners of dogs legally classified as dangerous generally must maintain at least $100,000 in liability insurance or demonstrate equivalent financial responsibility.
Contact McMinn Personal Injury Lawyers for a Free Consultation With an Austin Dog Bite Lawyer
Texas dog bite cases can involve the one bite rule, negligence principles, and state and local dangerous-dog requirements. Determining which rules apply requires examining the dog’s history and circumstances surrounding the attack.
If you were injured by a dog in Austin, contact McMinn Personal Injury Lawyers for a free consultation with an Austin dog bite lawyer.
We proudly serve clients throughout Austin, TX in Travis County, as well as Salt Lake City, UT in Salt Lake County.
McMinn Law Firm – Austin, TX Office
502 W 14th St, Austin, TX 78701
(512) 474-0222
McMinn Law Firm – Salt Lake City, UT Office
650 S 500 W Suite 290, Salt Lake City, UT 84104
(385) 462-7630
