Texas Laws: What Happens When a Dog Bites Me?

Imagine this: you're out on a stroll around the neighborhood when, all of a sudden, you hear the pitter patter of cute little dog feet only to find someone's little bundle of joy is using your jeans as dental floss.

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You look up to see the owner running over, wagging their finger at their spoiled princess. You leave the altercation later only to find you need medical attention from the bite. What are your options under Texas law?

One-bite rule

Texas operates under the "one-bite rule". This means that the dog owner is liable IF their pupper has a criminal record of aggression and the owner knew about it. If the victim can prove that the dog was not properly restrained, they don't actually need proof that they were bit in order to file charges against the owner.

"One bite" actually means that Texas, along with 15 other states, gives a 'free' pass for initial dog bites as far as whether the owner is liable.

This does have its limits, of course. You or your family can still sue if a dog's first aggression happens to pop your finger off or graciously remove your life from this plane.

What if someone is trespassing on my yard?

Great question; here's a good noodle point for you. Under Texas law, if someone is on your property without a legal reason (like Susan, the mail lady) and they sue after your dog attacks them, you can argue that they illegally trespassed.

In this case, the only way the trespasser can recover damages is if they can prove you intentionally set your dog on them to hurt or kill them, or through gross negligence.

So, being a creep and sitting in your house with the lights off yelling "Sic 'em, boy!" to anyone on your property may get you in trouble...