Houston Area Dog Bite? Understanding Texas' "One-Bite Rule" & Your Rights

When a Dog Attack Leads to Injuries in Cypress, Hockley & Waller, TX

Dog attacks are nothing to take lightly; in fact, dog bites are one of the most common types of personal injuries, and they are no fun. Dog bites can hurt and leave scars that last a lifetime (both physically and emotionally). In a case like this, you want to make sure you hold the responsible party accountable and make things right in the end.

Dog Bite Laws in Texas: “One-Bite Rule”

Texas has a “one-bite” rule in terms of dog attacks and liability. The basic rule is that the dog’s owner is strictly liable for the dog bite if:

- The owner knew the dog had a propensity to bite or otherwise act aggressively or dangerously towards people and/or property (this can be from previous bites, attacks or even simply lunging at, growling aggressively at, or attempting to bite people).

- The dog bites a person.

The one-bite terminology may be a bit misleading, as most don’t view a dog bite as getting “one free bite.” In this case, the one-bite refers to if this was the first time the dog had ever acted aggressively or bitten a person and if the owner had no reason to believe or know that the dog was a danger. Therefore, under the one-bite rule, a dog owner may not be held liable if it is the first bite and the owner had no reason to suspect the dog would bite or act aggressively (unprovoked, that is). As you can imagine, it is not always an easy thing to prove either way (knowledge and otherwise). However, it is important to note that the one-bite rule is not the only method of proving liability in a dog bite case in Texas.

Other Methods of Proving Liability: Owner Negligence in Dog Bite Cases

In Texas, if the one-bite rule does not directly apply, you may still have a valid case against the dog owner based on the owner’s negligence. Owner negligence simply means that the owner was careless in failing to take steps to prevent a bite or attack. 

Here are a few examples of potential owner negligence in a Northwest Harris County dog bite case:

Violating a Leash Law:

Failing to keep a dog on a leash in an area with leash laws (most areas in Cypress, Hockley, and Waller).

Failing to Properly Restrain a Dog: 

The dog is not properly restrained, resulting in it escaping from a yard or home.

Failing to Warn: 

Owner does not warn visitors or passersby about an aggressive dog.

Failure to Control: 

Dog owner failed to control dog when it was obvious an attack was about to occur.

Failure to Register a Dangerous Dog: 

A dog owner failed to register the dog as “dangerous” if required by the city and/or county animal control ordinances. This can also include failing to follow the stricter handling requirements for such a dog if it has been so designated by a local agency.

If the owner’s negligence can be proven, the dog owner can be held liable for the victim’s injuries, even if the dog has no prior history of aggression.

Recovering Compensation: Damages in a Texas Dog Bite Injury

As noted above, a serious dog bite can be costly (financially and emotionally). If you have a successful claim, you can recover compensation for:

Emergency Room & Medical Bills: 

Any ER visits, surgeries, stitches, antibiotics, necessary physical therapy, and even future medical expenses and treatment.

Lost Wages: 

If injuries from a dog bite prevent you from working.

Pain & Suffering: 

For the physical pain and emotional trauma you suffered.

Mental Anguish: 

Anxiety, PTSD, or fear of dogs, etc. after the attack.

Scarring & Disfigurement: 

This is particularly common in the case of facial dog bites and severe lacerations, as can be the case with dogs (especially unneutered males) weighing over 50 pounds.

Property Damage: 

Replacement costs for damaged clothing or personal items.

Time is of the Essence: Statute of Limitations in Texas

Like most personal injury lawsuits in Texas, dog bite cases must be filed within two years of the date of the attack. If you fail to file your claim within this statute of limitations (period), you will likely be barred from taking any legal action against the dog owner.

Contact a Lawyer for Help with Your Dog Bite Claim

Dog bite cases are not as simple as they seem at first glance. They can sometimes involve homeowner’s insurance policies, as well as local laws and homeowner association rules. And that’s in addition to the gray areas in Texas common law. Don’t go at it alone if you or a loved one has been the victim of a dog attack in Cypress, Hockley, Waller, or the Northwest Houston area.

Shaw Clifford knows the law in Texas and how to file a dog bite case in Harris County. He can help you put together a winning case and get you the best outcome possible. Contact Shaw Clifford and the Law Office of Shaw Clifford today for a free consultation. Together we’ll go over your legal options and help you determine your next best step in moving forward with your dog bite case and protecting your rights.

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