TEXAS DOG BITE LAW — YOUR RIGHTS IN AUSTIN
Texas follows the "one bite rule" — a dog owner can be strictly liable if they knew their dog had bitten before or shown dangerous propensities. However, Texas also recognizes a negligence theory: if a dog owner failed to exercise reasonable care (keeping a dog leashed, properly secured) and someone was injured, they can be liable even for a first bite. Austin's leash laws and City of Austin Animal Services regulations can also establish negligence per se.
Insurance usually covers dog bites. Most homeowners and renters insurance policies cover dog bite liability. Our Austin dog bite attorneys identify the dog owner's applicable insurance policy and pursue the full value of your claim — which often includes compensation for scarring, disfigurement, and psychological trauma that goes far beyond just the medical bills.
Compensation in Austin Dog Bite Cases
Medical expensesEmergency care, wound treatment, plastic surgery, rabies prophylaxis, and future scar revision procedures
Scarring & disfigurementTexas specifically recognizes compensation for permanent scarring — especially significant for facial injuries
Lost wagesTime missed from work during recovery and medical treatment
Pain and sufferingPhysical pain and emotional trauma — including PTSD and fear of dogs, especially common in child victims
Psychological treatmentTherapy and counseling costs for post-traumatic stress following a serious animal attack
Punitive damagesWhen the owner knew the dog was dangerous and allowed the attack to occur through reckless disregard
Common Austin Dog Bite Scenarios
1
Neighborhood Walks & Parks
Off-leash dogs in parks, backyards, and residential streets — the most common Austin dog bite setting.
2
Apartment Complex Common Areas
Dogs in shared spaces at Austin's dense apartment communities — property owner liability may also apply.
3
Delivery & Service Workers
USPS carriers, Amazon drivers, and service workers bitten while accessing properties.
4
Children at Play
Children are the most common dog bite victims — often bitten in familiar settings by dogs they know.
5
Off-Leash Dog Areas
Barton Creek Greenbelt, Norwood Estate, and other Austin off-leash areas see frequent incident reports.
What Dog Owners & Insurers Argue in Bite Cases
"The dog never bit anyone before" — arguing no prior knowledge of dangerous propensity
"You provoked the dog" — any interaction the owner can frame as provoking the dog
"You were trespassing" — duty of care is lower for trespassers
Disputing the severity of injuries and future scar revision costs
Arguing the victim assumed the risk of being bitten by approaching the dog
Offering fast low-ball settlements before you know whether surgery will be needed
Frequently Asked Questions
What is the "one bite rule" in Texas?▾
Texas holds dog owners strictly liable if they knew their dog had bitten before or displayed dangerous behavior. Even without prior bites, owners can be liable for negligence in controlling their dog.
Can I sue if the dog has never bitten anyone before?▾
Yes, under a negligence theory. If the owner violated Austin's leash laws or failed to exercise reasonable care, they can be liable even for a first-time bite.
Does homeowner's insurance cover dog bites?▾
Most homeowner's and renter's insurance policies cover dog bite liability up to the policy limits. Some breeds are excluded from coverage — an attorney verifies the applicable policy.
My child was bitten — is there a longer deadline?▾
Yes. Texas law tolls (pauses) the statute of limitations for minors until their 18th birthday. A parent can still file immediately on the child's behalf.
What should I do immediately after a dog bite in Austin?▾
Seek medical care immediately. Report the bite to Austin Animal Services (3-1-1). Photograph wounds and the location. Get the dog owner's contact and insurance information. Contact an attorney before speaking to their insurer.
How much is a dog bite case worth in Austin?▾
Minor bites that heal without scarring may settle for $5,000–$20,000. Serious bites requiring surgery, especially those causing facial scarring in children, regularly settle for $50,000–$200,000+.