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Dog Bites

Texas dog bite law: owner liability, dangerous dogs and reporting a bite

How Texas law treats dog bites, with official sources: the court-made rules on a dog owner's liability, the dangerous dog and dog attack statutes, rabies reporting and quarantine, shared responsibility and the two-year filing period.

11 min readPublished October 28, 2026Last updated October 28, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas has no single statute that says when a dog owner must pay for a bite to a person. Those rules come mainly from Texas court decisions. The Supreme Court of Texas has written that "An owner of a vicious animal can be strictly liable for harm, while an owner of a non-vicious animal can be 'subject to liability for his negligent handling of such an animal'" (Bushnell v. Mott, No. 06-1044, quoting Marshall v. Ranne, 511 S.W.2d 255, 259 (Tex. 1974)). Separately, the Health and Safety Code sets rules for dangerous dogs and dog attacks (ch. 822) and for reporting bites and quarantining the animal (ch. 826), and the Civil Practice and Remedies Code generally sets a two-year period for a personal injury suit (§16.003).

This guide explains those rules in general terms, with the official text linked for each one. It is general informational guidance and is not legal advice; it says nothing about any particular bite or who was responsible for it. For any animal bite, the Texas Department of State Health Services says to wash the wound thoroughly with soap and hot water as an immediate first aid step and to consult a physician as soon as possible about anti-rabies treatment (DSHS, Rabies Facts).

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Key facts (as of October 28, 2026)

  • Court-made liability rules. An owner of a vicious animal can be strictly liable for harm; an owner of a non-vicious animal can be liable for negligent handling (Bushnell v. Mott, quoting Marshall v. Ranne).
  • A duty during an attack. The owner of a dog not known to be vicious owes a duty to attempt to stop the dog from attacking a person after the attack has begun (Bushnell v. Mott).
  • Dangerous dogs. Texas defines a "dangerous dog" by unprovoked attacks or acts outside an enclosure reasonably certain to keep the dog in (Health & Safety Code §822.041(2)), and sets requirements for its owner (§822.042).
  • Some attacks are crimes. An attack causing serious bodily injury or death can be a felony for the owner in the situations §822.005 describes.
  • Reporting. A person who knows of a bite that could reasonably be foreseen as capable of transmitting rabies must report it to the local rabies control authority (§826.041).
  • Shared responsibility. In a tort case, a claimant whose percentage of responsibility is greater than 50 percent may not recover damages (Civ. Prac. & Rem. Code §33.001).
  • Two-year period. Texas generally sets a two-year limitations period for personal injury suits (§16.003).

Does Texas have a dog bite statute?

Not in the sense of one law that decides when an owner must pay for a bite to a person. In Bushnell v. Mott, the Supreme Court of Texas decided a dog bite case under the common law, the rules that come from court decisions, citing its own earlier decision in Marshall v. Ranne and the Restatement (Second) of Torts (No. 06-1044).

The statutes that do mention dog bites deal with other questions:

  • Chapter 822 of the Health and Safety Code covers the seizure of a dog that caused death or serious bodily injury, how a dog is found to be "dangerous," what the owner of a dangerous dog must do, and criminal offenses for some attacks (ch. 822).
  • Chapter 826 of the Health and Safety Code, the Rabies Control Act, covers rabies vaccination, reporting bites and quarantining the animal (ch. 826).
  • Chapters 16 and 33 of the Civil Practice and Remedies Code set the general filing deadline and the rules for shared responsibility that apply to injury suits generally (§16.003, §33.001).

When is a dog owner responsible under Texas court decisions?

The Supreme Court of Texas described two paths in Bushnell v. Mott (2008): "An owner of a vicious animal can be strictly liable for harm, while an owner of a non-vicious animal can be 'subject to liability for his negligent handling of such an animal'" (No. 06-1044, quoting Marshall v. Ranne, 511 S.W.2d 255, 259 (Tex. 1974)).

  • Strict liability means responsibility that does not depend on showing the owner was careless. The Court tied it to an owner of a vicious animal.
  • Negligence means failing to use ordinary care. For an owner of a non-vicious animal, the Court described liability for negligent handling.

Bushnell asked "whether the owner of a dog not known to be vicious owes a duty to attempt to stop the dog from attacking a person after the attack has begun," and the Court held "that such a duty exists." It quoted the Restatement: the possessor or harborer of a dog "is privileged to allow it to run at large and therefore is not required to exercise care to keep it under constant control," but "he is liable if he sees his dog or cat about to attack a human being . . . and does not exercise reasonable care to prevent it from doing so" (No. 06-1044, quoting Restatement (Second) of Torts §518 cmt. j (1977)).

Whether any of this applies to a particular bite depends on facts this guide does not address. When a bite happens on someone else's property, Texas premises rules can also come up; our premises liability basics entry covers those in general terms.

Does shared responsibility matter in Texas?

Chapter 33 of the Civil Practice and Remedies Code applies to any cause of action based on tort in which a defendant, settling person or responsible third party is found responsible for a percentage of the harm (§33.002). Under it:

  • the trier of fact determines a percentage of responsibility for each claimant, each defendant, each settling person and each designated responsible third party (§33.003);
  • a claimant may not recover damages if the claimant's percentage of responsibility is greater than 50 percent (§33.001);
  • otherwise, the court reduces the damages by a percentage equal to the claimant's percentage of responsibility (§33.012(a)).

Our §33.001 reference entry explains the rule in more detail.

What is a dangerous dog under Texas law?

Health and Safety Code §822.041 defines a "dangerous dog" as a dog that:

  • makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving on its own; or
  • commits unprovoked acts in such a place that cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.

The same section defines an "owner" as a person who owns or has custody or control of the dog.

If a person reports an incident like that, the animal control authority may investigate. If, after receiving the sworn statements of any witnesses, it determines the dog is dangerous, it notifies the owner in writing, and the owner may appeal to a justice, county or municipal court not later than the 15th day after being notified (§822.0421). In a county with a population of more than 2,800,000, and in counties and cities that opt in, a person may also report the incident to a municipal, justice or county court, which decides after a hearing whether the dog is dangerous (§822.0422).

Not later than the 30th day after learning that a dog is dangerous, the owner must register the dog with the animal control authority, keep it restrained at all times on a leash in a person's immediate control or in a secure enclosure, obtain liability insurance coverage or show financial responsibility in the amount the statute sets, and follow any local rules on dangerous dogs (§822.042(a)).

Is a dog attack a crime in Texas?

It can be. Under Health and Safety Code §822.005, a dog owner commits an offense if:

  • with criminal negligence, the owner fails to secure the dog and it makes an unprovoked attack on another person away from the owner's real property, motor vehicle or boat that causes serious bodily injury or death; or
  • the owner knows the dog is a dangerous dog, and it makes an unprovoked attack on another person outside a secure enclosure that causes serious bodily injury or death.

The offense is a third-degree felony, or a second-degree felony if the attack causes death. Section 822.006 lists defenses, including that the dog was on a leash and the owner was in immediate control of it or was making immediate and reasonable attempts to regain control.

Separately, the owner of a dangerous dog commits a Class C misdemeanor if the dog makes an unprovoked attack outside its enclosure and causes bodily injury (§822.044). On a sworn complaint and a showing of probable cause that a dog caused death or serious bodily injury, a justice, county or municipal court orders the animal control authority to seize the dog (§822.002).

A criminal case is brought by prosecutors and is separate from any civil claim.

Does a dog bite have to be reported in Texas?

Health and Safety Code §826.041 says:

  • a person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies must report it;
  • the report goes to the local rabies control authority of the county or municipality where the person lives, where the animal is located, or where the exposure happened;
  • the report must include the name and address of the victim and of the animal's owner, if known, and any other information that may help locate the victim or the animal;
  • the local rabies control authority must investigate the report.

Local agencies take these reports. In Houston, the City's BARC Animal Shelter and Adoptions asks people to call 311 to report an animal bite of any kind (BARC, Report an Animal Bite). Our Houston dog bite guide lists the information BARC asks for and how the City handles a dangerous dog complaint.

What happens to the dog after a bite?

Under §826.042, the local rabies control authority or a veterinarian quarantines or tests, under state health rules, an animal it has probable cause to believe may have exposed a person to rabies. The owner must submit for quarantine an animal that is reported to have exposed a person to rabies, or that the owner knows or suspects has done so, to the local rabies control authority where the exposure happened. The Texas Department of State Health Services says dogs and cats involved in biting incidents should be confined in isolation under veterinary supervision for at least 10 days (DSHS, Rabies Facts).

If a veterinarian finds that a quarantined animal shows no clinical signs of rabies, it is released to its owner when the quarantine ends, if the owner has an unexpired rabies vaccination certificate or the animal is vaccinated at the owner's expense (§826.043). Texas requires a dog's owner to have it vaccinated against rabies by four months of age and at regular intervals after that, and the veterinarian issues a vaccination certificate (§826.021).

Rabies treatment for a person is a medical question for a doctor. DSHS says to consult a physician as soon as possible about anti-rabies treatment after a bite (Rabies Facts).

How does home insurance relate to a dog bite?

The Texas Department of Insurance (TDI) says that if a dog bites someone on the owner's property, the owner's homeowners insurance might help, and that some policies exclude certain breeds (TDI, Home insurance might cover dog bite costs). In its home insurance guide, TDI describes two coverages (TDI, Home insurance guide):

  • Personal liability coverage pays medical bills, lost wages and other costs for people the policyholder is legally responsible for injuring.
  • Medical payments coverage pays the medical bills of people hurt on the policyholder's property, and some injuries away from home, "if your dog bites someone at the park, for instance."

TDI says a renters policy's personal liability coverage protects the renter if someone is injured in the renter's home and pays legal costs if the renter is liable and taken to court (TDI, Renters insurance). Each policy states its own terms, and the insurer can explain what a policy covers.

What records do people commonly keep after a dog bite?

It can help to keep these in one place:

  • Medical records and bills, including any rabies treatment
  • Photos of the injury, taken over time as it heals, and of the place where the bite happened
  • The date, time and address of the bite
  • A description of the dog, and the owner's name and contact information, if known
  • The dog's rabies vaccination information, if the owner or the animal control authority provides it
  • The name of the agency the bite was reported to, and any report or case number
  • Names and contact details of any witnesses who spoke with you at the scene
  • Records of missed work and pay
  • Letters or claim numbers from any insurer

Our guides on medical records in injury claims and what evidence helps an injury claim explain how records like these are commonly used.

Is there a deadline for a dog bite injury claim in Texas?

Texas Civil Practice and Remedies Code §16.003 generally sets a two-year period for a personal injury suit, counted from the day the cause of action accrues, with exceptions in the Code. Under §16.001, a person younger than 18 is under a legal disability, and if a person is under a legal disability when the cause of action accrues, that time is not included in the limitations period.

Our §16.003 reference entry and §16.001 reference entry explain these rules and their exceptions. An attorney can tell you how the rules apply to a specific situation.

Related information

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Frequently asked questions

Does Texas have a dog bite statute?
Texas has no single statute that sets out when a dog owner must pay for a bite to a person. Those rules come mainly from Texas court decisions. Chapter 822 of the Health and Safety Code covers dangerous dog determinations, the seizure of a dog that caused death or serious bodily injury, and criminal offenses for some attacks, and chapter 826 covers rabies reporting and quarantine.
When can a dog owner be held responsible for a bite in Texas?
The Supreme Court of Texas wrote in Bushnell v. Mott (2008) that an owner of a vicious animal can be strictly liable for harm, while an owner of a non-vicious animal can be subject to liability for negligent handling of the animal, quoting Marshall v. Ranne (1974). In Bushnell, the Court held that the owner of a dog not known to be vicious owes a duty to attempt to stop the dog from attacking a person after the attack has begun.
What is a dangerous dog under Texas law?
Health and Safety Code §822.041 defines a dangerous dog as one that makes an unprovoked attack on a person that causes bodily injury, or commits unprovoked acts that cause a person to reasonably believe the dog will attack and cause bodily injury, in either case outside an enclosure that was reasonably certain to keep the dog in.
Does a dog bite have to be reported in Texas?
Health and Safety Code §826.041 requires a person who knows of an animal bite or scratch to an individual that the person could reasonably foresee as capable of transmitting rabies to report it to the local rabies control authority of the county or municipality where the person lives, where the animal is located, or where the exposure happened. In Houston, the City's BARC asks people to call 311 to report an animal bite of any kind.
Can home insurance pay for a dog bite?
The Texas Department of Insurance says that if a dog bites someone on the owner's property, the owner's homeowners insurance might help, and that some policies exclude certain breeds. TDI describes personal liability coverage in home and renters policies and medical payments coverage, which TDI says can pay for some injuries away from home, such as a dog bite at a park. Each policy states its own terms.
How long does Texas law generally allow to file a personal injury lawsuit?
Civil Practice and Remedies Code §16.003 generally sets a two-year period for a personal injury suit, counted from the day the cause of action accrues, with exceptions in the Code. Under §16.001, time while a person is younger than 18 is generally not counted. An attorney can tell you how the rules apply to a specific situation.

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