How To File A Dog Bite Lawsuit In Texas (2026)

Texas Dog Bite Laws Explained

If you’re thinking about filing a dog bite lawsuit, it may be helpful to understand Texas dog bite laws. Many states are classified as “strict liability” or “one-bite rule” states. Technically, Texas is a “one-bite state.” However, Texas dog bite laws are uniquely complex.

Types of Claims in Texas Dog Bite Lawsuits

In Texas dog bite lawsuits, there are two main types of claims:

Strict Liability Claims

A dog owner who knows their dog can be dangerous or aggressive may be held strictly liable for a bite. This means they are liable even if they didn’t act negligently.

Negligence Claims

If you suffer a dog bite and the dog showed no prior signs of aggression, the owner can’t be held strictly liable. However, if they acted negligently and their negligence contributed to the bite, they may still be liable.

The One-Bite Rule and Its Limitations

The “one-bite rule” requires the plaintiff in a dog bite lawsuit to prove that the defendant knew (or should have known) the dog was likely to cause harm. For instance, if you’re at a neighbor’s home and their dog attacks you unprovoked, you likely won’t be able to recover damages unless you can prove they knew the dog to be dangerous.

However, if the owner is negligent in handling their dog (like if they allow the dog to be loose in public) and a bite results, the injured person could file a dog bite lawsuit in Texas.

Who Can Be Held Liable in Dog Bite Cases?

Typically, the owner is liable. However, if a landlord knows a tenant has a dangerous dog and allows it to stay, the landlord could be liable for future bites.

Compensation and Damages Available

In a dog bite lawsuit in Texas, you may recover damages like these:

• Medical bills
• Lost income due to the injuries
• Pain and suffering
• Psychological pain from disfigurement
• Lost earning capacity

Dog bite cases are highly individualized. The best way to know your case’s worth is to consult a lawyer.

Sources of Compensation for Dog Bite Victims

The average damage award in dog bite cases can vary widely. Generally, minor bites that break the skin but do not cause any permanent damage qualify for less compensation than more serious incidents like maulings that cause amputation, scarring or long-term disabilities.

When you suffer a dog bite, you have several options for seeking compensation to pay for medical bills or living expenses during your recovery, including the following:

• Health insurance pays medical costs regardless of fault, but requires copays
• Workers’ compensation benefits pay medical bills and partial income for dog bites while working
• Homeowners’ policies include liability coverage for injuries to others, even if they do not occur on the property of the insured
• Renters’ policies often include liability coverage similar to homeowners’ policies
• Business liability insurance covers injuries caused by guard dogs

If the dog owner lacks the resources to pay a judgment, you may need to pursue a lawsuit against them.

Notably, one type of dog bite often exempted from liability is a bite resulting from a police dog attack. Police dogs usually qualify for the same level of immunity as police officers. Thus, your lawyer will likely need to prove the attack violated your civil rights.

Criminal Penalties for Dog Owners in Texas

Separate from any civil liability, a dog owner may also face criminal penalties after a dog attack. Nicknamed Lillian's Law after dog bite victim Lillian Stiles, this statute aims to penalize dog owners when their negligence in securing a dangerous dog leads to a serious injury or death.

Under this law, a dog attack that causes serious injuries can be considered a third-degree felony. An attack that results in death can qualify as a second-degree felony. Additionally, failing to comply with dangerous dog regulations is a Class C misdemeanor.

In the past, criminal negligence leading to a dog attack was treated as a misdemeanor. The difference in penalties between a misdemeanor vs. felony is significant. Under the former law, the maximum penalty was one year in jail. By contrast, a third-degree felony is punishable by two to ten years in prison, while a second-degree felony can mean up to 20 years in prison.

Criminal prosecutions do not follow every dog attack because criminal negligence is a much stricter standard than civil negligence. To prove criminal negligence, prosecutors must show that the person failed to appreciate a substantial and unjustifiable risk and, by doing so, grossly deviated from the care expected under the circumstances.

This means that prosecutors would need to prove a fairly high level of awareness about the dog’s nature and the risk it poses to people. In other words, while mere carelessness might establish civil liability, it might not be enough for a criminal conviction.

Legal Deadlines and Statute of Limitations

In Texas, the statute of limitations for a dog bite lawsuit is two years. However, you should still consult a lawyer well in advance of the two-year time limit.

Need Legal Help?

If you’ve been bitten by a dog, you should contact a Texas personal injury lawyer with dog bite experience. ConsumerShield focuses on matching injured people with nearby legal help. Fill out our contact form for a free case review!