11 February 2025 - Posted by Monsour Law Firm
At the Monsour Law Firm, we get numerous inquiries into how dog bite laws in Texas apply to certain situations. If you or someone close to you has been bitten by a dog in Tyler, TX, you are likely in shock and unsure where to turn. We clearly explain the laws to you so you can take further action confidently.
Dog bite laws in Texas do not operate under a singular statute but rely on negligence, strict liability, and the “one-bite rule” to determine liability. It is expected that owners take precautions such as leash laws, securing their dogs, and managing aggression to prevent injuries. In case an owner fails to take these precautions, owners may be taken to court when their dogs cause injuries.
The one-bite rule in Texas essentially provides that owners shall not be held liable unless. They knew or should have known about the dog’s tendency for aggression. Growling, snapping, and lunging require reasonable precautions on the part of owners to prevent injury. The American Veterinary Medical Association (AVMA) points out that recognizing warning signs and taking preventive measures help protect others and avoid legal problems.
This is when an action by a dog owner, which includes but is not limited to failure to secure a dog in a yard, ignoring complaints of vicious behavior, and violation of leash laws, directly leads to a bite. The Texas Veterinary Medical Foundation argues that responsible ownership through socialization, proper training, and supervision reduces the risks of dog bite injuries.
How would one prove negligence? Victims must determine where the action or inaction of the owner was responsible for the bite. Evidence can include statements of a witness, video recordings, and prior reports regarding the conduct of the dog. Documentation includes any medical reports or photographs of injuries.
Strict liability would automatically impose liability on the owners of a dog once certain circumstances have been reached, even if it has never shown aggressiveness before.
The basis of strict liability usually comes into play when dog owners violate leash or confinement laws. If a dangerous dog has escaped from its enclosure and has bitten someone, the owner is liable. Proper confinement and adherence to guidelines are identified by the Texas Department of State Health Services as one of the key means to avoid bites and liability.
Negligence per se occurs when a dog owner violates a public safety law, such as a leash ordinance. For instance, if an owner in Tyler, TX, disregards leash laws and their dog attacks someone, the mere violation creates liability.
Landlords may be held liable for dog bites, especially if a dog has previously been recognized as dangerous. Here’s when they can be held accountable under Texas law.
Generally, landlords are not liable for dog bites. Unless they know of the dangerous propensities of the animal and do nothing. For instance, if a tenant told the landlord about repeated aggression by their dog and the landlord did nothing, they would share liability.
In case the bite happens in an area where the residents have to share, like a courtyard, the landlord could be held liable if they were aware of the potential danger and did nothing.
Texas law defines a dangerous dog by its behavior and attack history. Let’s break down what constitutes this definition.
A dog is dangerous if it previously unprovoked attacked a person or if its behavior has shown that it might inflict injury to another person.
There are strict rules facing those who have dangerous dogs, such as registration, keeping them in a fully enclosed structure, and even liability insurance on them. The consequences of not complying with the law range from fines or criminal charges to seizure.
Dogs classified as dangerous are required to be kept in a secure, escape-proof enclosure. Other requirements include posting warning signs on visible areas of their property and providing insurance for injuries inflicted by the dog.
Does a warning sign relieve the owner of liability? Absolutely not. While it reflects an attempt to warn others, a sign does not relieve the owner of the duty to take other reasonable precautions, such as properly confining the dog.
Texas uses a system of comparative negligence, whereby the compensation received by a victim could be reduced based on partial fault in the incident. For example, if a victim has provoked the dog and is considered 30% at fault, that percentage will be taken from his damages.
A dog bite lawyer will protect your rights and help in seeking fair compensation after the incident.
We can provide you with specific advice about your rights and all of your legal options. From recovering your medical expenses to navigating complicated legal procedures, we’re here to help.
We do the gathering of crucial evidence, including medical records, witness statements, and expert testimony to build a strong case.
We fight for just compensation for all your losses, including medical bills, lost income, and emotional distress. Our goal is to help you fully recover.
We want to help you navigate these legal complexities of dog bites. If you are injured in the Tyler, TX area, call our firm at (903) 777-7777 or visit us at 112 East Line Street for a free consultation. Let us fight for the justice and compensation you deserve.
Douglas C. Monsour, or Doug Monsour, is a trial lawyer who handles important and significant injury cases in Texas and across the nation. He is one of a handful of trial lawyers who have successfully tried multiple pharmaceutical, medical device, and mass tort product liability cases as the lead lawyer. He also vigorously represents injured oil field workers, victims of 18-wheeler wrecks, industrial accident victims, and those that have been severely burned.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Monsour who has more than 20 years of legal experience as a personal injury attorney.
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