Texas follows a combination of strict liability and negligence for dog bites. Under Texas Health and Safety Code Chapter 822, an owner can be strictly liable if they knew the dog had dangerous propensities or had bitten before. Texas also applies negligence if the owner failed to restrain the dog in violation of a local leash ordinance.
Strict liability under §822.005 applies if the owner knew the dog was dangerous or had previously bitten or was classified as dangerous. Texas also recognizes a negligence claim if the owner failed to exercise reasonable care, such as letting a dog roam in violation of a city leash law. Houston, Dallas, Austin and San Antonio all have leash ordinances that can support negligence per se.
Texas does not have a statutory one-bite rule, but case law allows evidence of prior bites to show knowledge. If there were prior complaints to animal control, those records are important. Texas animal control records are public and can be requested under the Texas Public Information Act.
Get the animal control report, photos of injuries, medical records, prior complaint records, and witness statements. Texas has a two-year statute under §16.003. Keep evidence of the dog's location and whether it was leashed or roamed.
Yes, under negligence if the owner violated a leash law or failed to restrain the dog. Strict liability is easier if there was prior knowledge, but negligence does not require a prior bite, only failure to exercise reasonable care.
You may still have a claim. Homeowner's insurance often covers dog bites in Texas, but some policies exclude certain breeds. Liability depends on knowledge and failure to restrain, not location.
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