Texas Dog Bite Laws:
Your Guide to Liability, Negligence, and Protection
In a perfect world, dog bite injuries would be non-existent. Unfortunately, dog attacks are a reality we must contend with. Dogs and humans have shared a bond for over 12,000 years, yet even the friendliest pets can occasionally give in to their instincts and cause serious harm with a bite.
Dog bite attacks are traumatic for both the victim and the dog’s owner. Victims often need emergency medical care, while owners face the distress of knowing their pet has hurt someone, alongside potential civil actions and criminal charges. Understanding Texas dog bite laws is crucial in these situations. This article outlines the relevant statutes, helps identify liability, and explains Texas’s dog classifications, offering essential insights for both victims and dog owners.
Texas Dog Bite Laws and Liability
Texas lacks a specific civil liability statute for dog bites. However, this does not exempt dog owners from strict liability. The landmark case of Marshall v. Ranne set the precedent for dog bite laws in Texas, establishing the state as a “one-bite rule” jurisdiction.
Marshall v. Ranne and the One-Bite Rule
In this case, Paul Marshall sued John Ranne after Ranne’s boar injured Marshall’s hand. Initially, courts ruled against Marshall, but the Texas Supreme Court reversed this, deciding that owners could be held liable for damages caused by a known dangerous animal. Thus, Texas adopted the one-bite rule, holding owners strictly liable if their pet has shown dangerous tendencies, even if the pet has not bitten anyone before. Essentially, the dog gets one free bite.
Most dog bite injuries are covered by homeowners’ insurance. Owners should check their policy or consult their insurance company for specific coverage details.
Dog Bites and Negligence
The one-bite rule does not shield against negligence. If a victim proves the dog owner failed to exercise reasonable care, they can recover medical damages. To win a negligence case, the victim must demonstrate:
- The owner had a duty of care.
- The owner breached that duty.
- The breach directly caused the injury.
- The owner was aware that harm could result from their breach.
Negligence per se includes situations like letting a dog run off-leash or not restraining a vicious dog in public. Pet owners must prevent their dogs from harming others.
Texas Dog Bites and Comparative Negligence
Texas employs a modified comparative negligence system, or proportionate responsibility. If the victim is partially at fault, their damages can be reduced.
If the victim is at least 50% at fault, they cannot recover any damages.
Dangerous Dogs in Texas
Dogs that attack or threaten people may be classified as dangerous. This classification can result from:
- An unprovoked attack causing injury outside a secure enclosure.
- Unprovoked acts that cause a person to fear an attack.
A court or animal control authority can label a dog as dangerous, imposing increased responsibilities on the owner, such as:
- Registration and fees
- Constant restraint (leash or enclosure)
- Obtaining liability insurance of at least $100,000
- Complying with local regulations
Non-compliance results in a Class C misdemeanor. Criminal negligence or repeated attacks by a dangerous dog can lead to severe penalties, including felony charges.
Quarantine Requirements
Texas law mandates a 10-day quarantine for dogs that bite a person, allowing for rabies observation. The Local Rabies Control Authority (LRCA) decides the quarantine location, and owners bear the costs. Home quarantine is possible if the dog has current vaccinations, wasn’t a stray, and is securely enclosed with constant monitoring.
Summary of Texas Dog Bite Laws
While the focus here is on civil liability, criminal penalties also apply. Key statutes include:
- Texas Health and Safety Code: Sections 822.005, 822.042, 822.044
- Texas Penal Code: Section 6.03
- Texas Civil Code: Section 16.003
Penalties and Defenses
Civil Liabilities:
- Owners unaware of their dog’s danger are liable for their percentage of fault.
- Owners aware of their dog’s danger are liable for all damages.
Criminal Penalties:
- Criminal negligence or attacks by known dangerous dogs can result in felonies and substantial fines.
Possible Defenses:
- The victim was trespassing.
- The dog was leashed and under control.
- The owner was regaining control of the dog.
- The dog was engaged in lawful activities.
- The victim was committing a crime.
Important Questions and Resources
Does Texas have a statewide leash law? Texas does not have a statewide leash law. Municipalities set their own ordinances, so it’s wise to use a leash.
Do you have to report a dog bite? Yes, all animal bites must be reported. Seek medical attention, then contact the local animal control authority and file a report with law enforcement.
Is a landlord liable for a tenant’s dog bite? Possibly. Liability depends on whether the landlord knew about the dangerous dog and if the attack occurred in a common area.
Conclusion
Navigating Texas dog bite laws can be complex. If you’re bitten, seek medical attention first. Consulting a Texas animal and dog bite attorney can help you understand your rights and the best way to recover damages. Owners should also consider consulting a personal injury defense lawyer to navigate the legal challenges following a dog attack.
Legal Disclaimer: I am a paralegal and this article provides general information about Texas dog bite laws and is not legal advice. Laws may change, and individual cases vary.