Dog Bite Liability: What Owners Need to Know (Including Texas-Specific Laws in the USA)

For the audio version of these blog posts, tune into the USA Dog Behavior Podcast.

Dogs are seen as our beloved companions—I know I see mine that way—but when a dog bites someone, the legal implications can be significant. I’ve been involved as an expert witness in many dog bite cases, and from that experience I can tell you that you want to do everything you can to, 1) keep your dog from ever biting someone, and, 2) understand your liability as a dog owner.

Laws governing dog bite liability vary across the world, making it crucial for owners to understand their responsibilities. This article provides a general overview of dog bite liability laws, with some additional Texas-specific details in the USA. For our international readers, Texas is a state in the USA, and it's where I live.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. If you are involved in a dog bite incident, consult with a legal professional in your jurisdiction.

Understanding Dog Bite Liability

Dog bite laws generally fall into three main categories:

Strict Liability: Some jurisdictions, such as France and parts of the United States, hold dog owners strictly liable for any harm their dog causes, regardless of prior behavior.

The "One Bite Rule": Found in states like Texas, this doctrine means an owner is only liable if they knew or should have known that their dog had a history of aggression.

Negligence-Based Liability: In many places, including the UK and Australia, dog owners may be liable if they were careless in preventing an attack, even if the dog had no history of aggression.

Texas-Specific Laws on Dog Bites

Texas follows the "One Bite Rule," meaning an owner is only liable if:

The dog has previously bitten someone or shown aggressive behavior.
The owner was aware of this behavior.

However, Texas law also allows victims to pursue negligence claims if an owner failed to exercise reasonable care in preventing an attack. For example, allowing a known aggressive dog to roam freely could result in legal consequences.

Additionally, violating animal control laws—such as leash laws—can lead to liability. Texas also has restrictions on tethering dogs under certain conditions, which can play a role in legal cases.

Common Defenses to Dog Bite Claims

In Texas and other jurisdictions, dog owners may have legal defenses against liability, including:

Provocation: If the victim provoked the dog (e.g., teasing, hitting), the owner may not be liable.

Trespassing: Many jurisdictions, including Texas, have laws protecting owners if the person bitten was unlawfully on private property.

Assumption of Risk: In some cases, if the victim knowingly put themselves in danger (e.g., dog trainers, dog behaviorists, or vets), liability may be reduced.

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Criminal Liability for Dog Owners

In addition to civil liability, dog owners may face criminal penalties in certain situations. Some states and countries impose criminal penalties if an owner knowingly harbors a dangerous dog. Texas has "Lillian's Law," which can result in felony charges if a dog that was known to be dangerous seriously injures or kills someone.

Steps to Take If Your Dog Bites Someone

If your dog bites someone, follow these steps to protect yourself and the victim:

Stay calm and prevent further injury.
Immediately separate the dog from all people, especially the bitten party.
Exchange contact information with the victim.
Seek medical help for the injured party.
Report the incident to local authorities if required.
Document the event, including witness statements and photos.
Consult an attorney to understand your liability.

Insurance and Financial Protections for Owners

Dog owners should consider financial protections to mitigate liability risks. Many homeowner’s insurance policies cover dog bite claims, but some exclude high-risk breeds. Some jurisdictions require owners of certain breeds to carry liability insurance.

Global Considerations

While Texas adheres to the One Bite Rule, many other regions operate differently.

United Kingdom: Under the Dangerous Dogs Act, owners can face criminal charges if their dog injures someone.

Australia and Canada: Similar to the UK, strict liability laws exist in some areas, with heavy fines and even euthanasia for dangerous dogs.

Germany and The Netherlands: Certain breeds are classified as “high risk” and have strict ownership requirements.

What Dog Owners Should Do

Regardless of where you live, responsible ownership is key to preventing dog bites from happening in the first place:

Properly socialize and train your dog to reduce aggression risks.
Always follow local leash and containment laws.
Carry liability insurance if your jurisdiction allows for civil claims.
If an incident occurs, document everything and seek legal guidance.

Final Thoughts

Dog bite laws vary widely, but one thing remains consistent—owners are responsible for preventing harm. Texas dog owners should be particularly aware of the One Bite Rule and negligence-based liability, while those outside the U.S. should review their local laws.

For the audio version of these blog posts, tune into the USA Dog Behavior Podcast.