Dog Bite Defenses: Trespass and Your Own Fault

By the FigureMyTax Editorial Team · How we calculate

With no bite statute, the defenses come from the one-bite rule and proportionate responsibility.

No knowledge

The main defense in a scienter claim is that the owner had no idea the dog might bite.

Trespassers

A summary says the strict liability rule does not apply when dogs bite trespassers.

Your own responsibility

You may not recover if your percentage of responsibility is greater than 50 percent, and otherwise your damages are reduced by that percentage.

Whether fault reduces a scienter claim

One summary says comparative fault is not a defense to strict liability where the owner knew the dog was dangerous; another applies the 51% bar generally. We could not confirm which applies, so the calculator uses the conservative reduction.

Insurance

The claim is often paid under the owner's homeowner's or renter's insurance, and the owner of a declared dangerous dog must carry at least $100,000 of coverage under section 822.042.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Texas's rules apply to your specific case with a licensed Texas attorney.