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Dog Bites · Austin TX

Dog Bite Attorneys in Austin, Texas

Texas applies a one-bite rule for dog bite liability, but there are negligence-based exceptions that apply even when the owner claims they didn't know the dog was dangerous.

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Dog bite cases in Texas operate under the common law one-bite rule, but the legal picture is more nuanced than that label suggests. Under the one-bite rule, an owner is strictly liable for a bite if they knew or should have known their dog had dangerous propensities — usually shown by evidence of prior biting or aggressive behavior.

Texas also allows dog bite claims under a negligence theory, which doesn't require proof of prior dangerous behavior. If a dog owner was negligent in controlling their animal — allowing it off leash in a public area, failing to secure it in their yard, or letting a known aggressive dog interact unsupervised with visitors — they can be liable even if the dog never bit anyone before.

Austin has specific leash laws. Travis County requires dogs to be on a leash when off the owner's property. Violations of those ordinances can support a negligence per se argument — meaning the violation itself is evidence of negligence.

Dog bites cause serious physical injuries — lacerations, nerve damage, infections, and scarring — as well as psychological trauma, particularly in children. Documenting both categories of harm from the start is essential to a full recovery.

What You Need to Know

Key Facts About This Case Type

One-bite rule vs. negligence

Strict liability if the owner knew about dangerous propensities. Negligence theory available even for first bites if the owner failed to exercise reasonable care in controlling the dog.

Austin and Travis County leash laws

Dogs must be leashed off the owner's property. An off-leash violation strengthens a negligence per se argument — the ordinance violation is itself evidence of negligence.

Types of recoverable damages

Medical bills (including infection treatment and plastic surgery), lost wages, pain and suffering, psychological harm, and in cases involving severe scarring, long-term disfigurement damages.

Two years to file

Texas Civil Practice and Remedies Code §16.003. Preserve evidence: photographs of injuries taken at multiple stages of healing, witness contact information, and the animal control report.

Common Questions

Frequently Asked Questions

Not necessarily. The one-bite rule requires proof that the owner knew about dangerous propensities — but a negligence claim doesn't require a prior bite. Aggressive behavior, failure to leash, or violation of local ordinances can all support a claim for a first bite.
That's a defense they'll raise. Your attorney will look for evidence of prior aggressive behavior — neighbors' testimony, prior animal control reports, or the dog's breed history in some contexts — and also evaluate whether a negligence claim is available independent of prior dangerousness.
Yes. Psychological trauma — including post-traumatic stress, fear of dogs, and anxiety — is a compensable category of damages in Texas. It requires documentation from a mental health professional.
Yes, if you were a lawful visitor. Your status as a lawful invitee or licensee on the property is what matters, not whose property you were on when the bite occurred.

Related Practice Areas

Slip & Fall Premises Liability Product Liability All Personal Injury Cases

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