Is Texas a One-Bite State?
Last updated: August 2026. Reviewed by the Dog Bite Laws legal team.
Yes. Texas is a one-bite state, and the largest one in the country. Texas has no dog bite statute. Liability is governed by the common-law rule the Texas Supreme Court adopted in Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974).
Under that rule, a dog owner is liable for a bite only if the victim proves the owner knew, or should have known, that the dog was dangerous. But Texas victims have a second and often easier path: an ordinary negligence claim, which does not require proof of the dog’s history at all.
| Rule | One-bite rule |
|---|---|
| Governing law | No dog bite statute. Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974) |
| What the victim must prove | That the owner knew, or should have known, the dog was dangerous. Or, alternatively, ordinary negligence, which requires nothing about the dog’s history. |
| Does the dog’s past matter? | Yes for the strict liability theory. No for the negligence theory. |
| Covers injuries other than bites? | Yes, through negligence. There is no bite-only statute to limit it. |
| Deadline to file | 2 years (modified comparative fault with a 51% bar) |
See how Texas compares with every other state in our 50-state one-bite rule table.
The two ways to win a Texas dog bite case
| Strict liability (Marshall v. Ranne) | Negligence | |
|---|---|---|
| What you prove | The owner knew the dog had dangerous propensities, and the dog caused the injury | The owner owed a duty of reasonable care, breached it, and caused the injury |
| Dog’s history needed? | Yes. It is the core element. | No. |
| Typical facts | Prior bite, prior attack, warning sign, muzzle, complaints to animal control | Leash law violation, gate left open, dog left unsecured near a park or sidewalk |
| Damages | Full compensatory, and exemplary damages are available where the owner was grossly negligent | Full compensatory |
Most Texas dog bite petitions plead both theories, because the negligence claim survives even where the owner credibly testifies the dog had never shown aggression.
What counts as knowledge in Texas
Texas courts do not require a prior bite. The question is whether the owner was on notice of a dangerous propensity. Facts that have supported that finding include:
- Prior bites or attacks, on people or on other animals
- Growling, lunging, snapping, or charging at passersby
- “Beware of Dog” signage posted by the owner
- Keeping the dog chained, muzzled, or behind a reinforced enclosure
- Complaints to animal control, a landlord, or a homeowners association
- Veterinary or trainer records referencing aggression
- Breed restrictions or bite disclosures in a lease or insurance policy
Breed history can support the knowledge element; see our research on the most dangerous dog breeds.
Texas dangerous dog law
Separately from civil liability, Texas Health & Safety Code Chapter 822 governs dangerous dogs. Once a dog is declared dangerous, the owner must register it, secure it, and maintain liability insurance or a surety bond of at least $100,000.
Texas also has a criminal statute, sometimes called Lillian’s Law (Tex. Health & Safety Code section 822.005), which makes it a felony for an owner to criminally negligently fail to secure a dog that then causes serious bodily injury or death.
Deadline to file a Texas dog bite claim
Texas applies a two-year personal injury statute of limitations under Civil Practice & Remedies Code section 16.003. Texas also uses modified comparative fault with a 51% bar: a victim found more than 50% responsible recovers nothing, and any award is reduced by their percentage of fault.
For a child, the limitations period is generally tolled until the child turns 18.
Frequently asked questions
Yes. Texas has no dog bite statute and follows the common-law one-bite rule adopted in Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974). A victim must prove the owner knew or should have known the dog was dangerous, or alternatively bring an ordinary negligence claim.
No. Texas has no civil dog bite statute. Liability comes from common law, though Texas Health and Safety Code Chapter 822 separately regulates dangerous dogs and creates criminal penalties.
Yes. Prior bites are not required. You can show the owner knew of a dangerous propensity through growling, lunging, warning signs, muzzle or chain use, or complaints. You can also bring a negligence claim, for example based on a leash law violation, which does not require any history.
It is the common-law rule that a dog owner is liable for a bite only if the owner knew or should have known the dog was dangerous. It concerns the owner's notice of risk, not a right to one free bite.
Lillian's Law, at Texas Health and Safety Code section 822.005, makes it a felony for a dog owner to criminally negligently fail to secure a dog that then causes serious bodily injury or death.
Two years from the date of the bite under Civil Practice and Remedies Code section 16.003. For minors, the period is generally tolled until the child turns 18.
How Texas compares with other states
How neighboring rules compare:
- Indiana, a mixed state
- California, strict liability
- Illinois, strict liability
Full comparison for every state is in our 50-state one-bite rule table.
Speak with a Texas dog bite lawyer
Because Texas puts the burden on the victim, a Texas dog bite case is built on evidence about the owner and the dog: animal control records, prior complaints, neighbor testimony, and the physical precautions the owner had taken. Those records are routinely purged, and the two-year deadline runs quickly.
For damages, insurance, and city ordinances in more detail, see our guide to Texas dog bite laws. To value a claim, see average dog bite settlement amounts, or contact us for a free case review.
Comparing states? Start with the one-bite rule by state overview.
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