What are the dog bite laws in Texas?

Texas has no single statute that says when a dog owner must pay for a bite. The dog bite laws in Texas are a mix of court decisions, a state statute on dangerous dogs, and city rules. This post explains how they fit together, and gives you a checklist for the days after a bite in Dallas.

How dog bite laws in Texas decide who pays

The Supreme Court of Texas summarized the rule in Bushnell v. Mott (Tex. 2008). An owner of a vicious animal can be strictly liable for harm, while an owner of a non-vicious animal can be liable for “negligent handling” of it (Bushnell v. Mott, No. 06-1044).

Route 1: the dog was vicious. The owner of a vicious animal can be strictly liable for the harm it causes. That means the claim does not depend on proving the owner was careless. Evidence of a dog’s dangerous history can include earlier bites, earlier attacks, complaints from neighbors, and an official “dangerous dog” finding.

Route 2: the owner was careless. Even if the owner did not know the dog was dangerous, the question is whether the owner used ordinary care. In Bushnell, a woman delivering products was bitten many times after the owner opened her door and her 3 dogs rushed out. The court held that the owner of a dog not known to be vicious owes a duty to try to stop an attack once it has begun. It sent the case back to the trial court because evidence that the owner did nothing to stop the attack raised a fact question on whether she failed to use ordinary care.

That case is why witness statements about what the owner did during the attack can matter as much as the bite itself.

Texas dangerous dog law

Health and Safety Code chapter 822 deals with dangerous dogs. It does not set out who pays for a bite, but it creates records and duties that often matter in a claim.

• Definition. A “dangerous dog” is one that makes an unprovoked attack causing bodily injury outside an enclosure that was reasonably certain to keep it in, or, outside such an enclosure, acts in a way that makes a person reasonably believe it will attack and cause bodily injury (section 822.041).
• Determination. When someone reports such an incident, the local animal control authority may investigate, take sworn witness statements, and declare the dog dangerous. The owner has 15 days after notice to appeal to a justice, county, or municipal court (section 822.0421).
• Owner duties. Within 30 days of learning the dog is dangerous, the owner must register it, keep it leashed or in a secure enclosure, and carry liability insurance or show financial responsibility of at least $100,000 for bodily injury caused by the dog (section 822.042(a)).
• Crimes. An owner who with criminal negligence fails to secure a dog that makes an unprovoked attack off the owner’s property, causing serious bodily injury, commits a third-degree felony, or a second-degree felony if the victim dies (section 822.005). An attack by a dog already declared dangerous, outside its enclosure, is a Class C misdemeanor (section 822.044).
• Seizure. After a sworn complaint that a dog caused death or serious bodily injury, a court must order the dog seized if there is probable cause (section 822.002).

If the dog bites again, an earlier dangerous dog finding can be evidence that the owner knew of the risk.

Dallas rules after a bite

In Dallas, the bitten person must report the bite by calling 311 or using the Dallas 311 app, and Dallas Animal Services will investigate (Dallas Animal Services, Dog bites). Doctors and medical facilities must also report dog bites to the department.

The same page summarizes Dallas City Code section 7-4.14: an owner commits an offense if they fail to secure their dog and it makes an unprovoked bite causing bodily injury somewhere other than the owner’s property.

State rabies rules add a quarantine. When a dog that bit a person is identified, its custodian must place it in quarantine for a 10-day observation period that starts at the time of the bite, whatever its vaccination status (25 Texas Administrative Code 169.27). Ask Animal Services for the result of that observation and share it with your doctor.

Checklist: what to do in the first week

1. Get medical care. Tell the provider it was a dog bite. Keep every record and bill.
2. Report the bite. In Dallas, call 311 and write down the service request number.
3. Identify the dog and owner. Get the owner’s name, address, and phone, and the dog’s description. Ask for its rabies vaccination record.
4. Photograph injuries the same day and every few days as they heal. Photograph torn clothing too.
5. Photograph the scene. Gates, fences, leashes, and where the attack happened.
6. Get witness names. Ask witnesses what the owner did during the attack. Under Bushnell, that can matter.
7. Write your account while it is fresh: the time, place, what the dog did before the bite, and what the owner said.
8. Ask about prior incidents. Neighbors may know of earlier bites or complaints. Ask Animal Services whether the dog has been declared dangerous.
9. Find the insurance. The Texas Department of Insurance says homeowner personal liability coverage pays medical bills, lost wages, and other costs for people the policyholder is legally responsible for injuring, and that medical payments coverage can pay if “your dog bites someone at the park” (TDI home insurance guide). Ask the owner for their homeowner or renter insurance details.
10. Do not sign anything from the owner or an insurer until you understand what it releases.

The deadline

A lawsuit for personal injury in Texas generally must be filed within 2 years of the day the claim accrues (Civil Practice and Remedies Code 16.003). Exceptions exist. For a child, the years before age 18 generally do not count toward the limit (section 16.001). Check your own date with a lawyer.

Bites on someone else’s property

If the bite happened at a store or other business, the property owner’s duties may matter too. Our earlier post on what to gather after a slip and fall in a store covers the evidence for injuries on business property.

When to talk to a lawyer

A lawyer can help if the injury needs ongoing treatment, the owner denies the dog’s history, or a child was bitten. We start with the facts: the dog’s history, what the owner did, and what coverage exists. You can read how our personal injury practice works, including dog bite claims.

Book a consultation.

This article is general information, not legal advice. Laws change and every case is different. Reading it does not create an attorney-client relationship. For advice on your situation, book a case review.