Scienter and Negligence: How Texas Handles Dog Bites

Texas follows the one-bite rule, and the name is misleading.

No dog bite statute

Summaries agree that Texas has no single dog bite statute; the rules come from a court case and from negligence law.

Marshall v. Ranne

The one-bite rule comes from the Texas Supreme Court case Marshall v. Ranne (1974), under which an owner can be liable if the owner knew or should have known the dog was dangerous.

Not a free bite

A dog with no bite history can still trigger liability if it showed clear warning signs the owner ignored; the question is what the owner knew.

Negligence

An owner can also be liable under negligence, and a documented pattern of threatening behavior can show the owner knew or should have known. Violating a leash or animal-control rule can support negligence per se.

State dangerous-dog rules

Chapter 822 of the Health and Safety Code defines a dangerous dog by an unprovoked attack outside its enclosure, requires its owner to register, restrain and carry at least $100,000 of liability coverage, and makes certain attacks causing serious injury or death a criminal offense. These are not a civil damages formula.

Deadline

Two years under CPRC 16.003.

Injured in Texas?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Texas attorney

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.