Is Texas a One-Bite State?

Beverly Law. Updated November 2026.

Where the Texas rule comes from

In Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), the Texas Supreme Court held that claims over vicious animals are governed by strict liability. Under the Restatement rule it adopted, an owner who has reason to know an animal has abnormally dangerous propensities is liable for the harm, even after using the utmost care.

That knowledge requirement is where the “one bite” label comes from, though a prior bite is only one way to prove what the owner knew.

The same opinion said the owner of an animal that is not known to be vicious can still be liable for negligent handling. The Court applied that idea to dogs in Bushnell v. Mott, 254 S.W.3d 451 (Tex. 2008), holding that an owner of dogs not known to be vicious had a duty to use ordinary care to try to stop an attack once it started.

Lillian’s Law and criminal charges

In 2007 the Legislature passed House Bill 1355, which its text names “Lillian’s Law” and which rewrote Health and Safety Code § 822.005. An owner commits a crime if, with criminal negligence, the owner fails to secure the dog and the dog makes an unprovoked attack away from the owner’s property, vehicle or boat that causes serious bodily injury or death. A second part covers owners who know their dog is dangerous.

The offense is a third-degree felony, or second-degree if the victim dies. Prosecutors decide whether to charge; your injury claim is a separate civil matter.

Dangerous dog rules

Under § 822.041, a “dangerous dog” is one that makes an unprovoked attack causing bodily injury outside a secure enclosure, or acts in a way outside its enclosure that makes a person reasonably believe it will attack. Once an owner learns the dog is dangerous, § 822.042 gives the owner 30 days to:

• register the dog with the local animal control authority;
• keep it leashed under immediate control or in a secure enclosure at all times;
• carry at least $100,000 in liability insurance or financial responsibility and show proof to animal control;
• follow any city or county dangerous dog rules.

If a dangerous dog attacks outside its enclosure and causes bodily injury, the owner commits a Class C misdemeanor under § 822.044. A prior dangerous dog finding can be strong evidence the owner knew the risk.

Reporting the bite and rabies quarantine

Section 826.041 requires anyone who knows of a bite that could transmit rabies to report it to the local rabies control authority. Under § 826.042, the owner must submit the animal for quarantine. State rule 25 TAC § 169.27 sets a 10-day observation period for a dog, cat or domestic ferret that bites a person, starting at the time of the bite.

Deadlines and shared fault

Chapter 33 of the Civil Practice and Remedies Code applies to tort claims generally (§ 33.002). Under it, if a jury finds you 20% responsible, for example by reaching toward a dog after being warned, your damages drop by 20%, and at 51% or more you recover nothing. Marshall v. Ranne, decided before chapter 33, said contributory negligence was no defense to strict liability for a vicious animal, so how shared fault works in a strict liability claim over a known dangerous dog is decided case by case.

Texas compared with California and Washington

Our California dog bite law guide explains § 3342.

What this means for your case

In Texas, the dog’s past often decides which claim fits. Write down what you have heard about earlier bites or complaints, and ask animal control for its report and any prior calls about the same dog. Get the owner’s name and address, photograph your wounds and keep every medical bill.

If the dog had no known history, the focus moves to what the owner did, such as leaving a gate open or not trying to stop the attack. Be careful with recorded statements to an insurer, since anything suggesting you provoked the dog can raise your share of fault.

Texas cases are handled by the firm’s Texas-licensed attorneys, including for clients in Austin and across Texas. You owe no fees or costs unless we win. Call (310) 552-6959 for a free consultation.

Common questions

Related pages

FAQs · California dog bite law · Austin injury lawyers · Texas · Practice areas

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys. Last reviewed: November 6, 2026.