Dog Bite Liability: What Owners Need to Know (Including Texas-Specific Laws in the USA)

In this episode of the USA Dog Behavior Podcast, Scott Sheaffer explores the legal responsibilities of dog owners when their pets bite someone, with a focus on dog bite liability laws in Texas and beyond. He breaks down key legal principles, including strict liability, the "One Bite Rule," and negligence-based liability, providing insights into how different jurisdictions handle dog bite cases. Listeners will learn about Texas-specific laws, including Lillian's Law, which imposes severe penalties for owners of dangerous dogs.

Scott also shares practical steps dog owners should take if their pet bites someone, from ensuring medical care to documenting the incident and understanding legal defenses like provocation, trespassing, and assumption of risk. He emphasizes responsible ownership, training, and insurance coverage to mitigate risks. Whether you're in Texas or elsewhere, this episode is packed with crucial information to help dog owners navigate their legal obligations.

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Disclaimer
If your dog is aggressive toward humans, consult an experienced, certified canine behavior consultant immediately and ensure your dog cannot harm anyone. This podcast is for educational purposes only and does not replace professional guidance. Scott Sheaffer and USA Dog Behavior, LLC, are not liable for outcomes resulting from the advice provided.

Transcript

Welcome to the USA Dog Behavior podcast! I’m Scott Sheaffer, here to help you understand the world of dog behavior. Today’s episode: Dog Bite Liability: What Owners Need to Know (Including Texas-Specific Laws in the USA). For our international listeners, Texas is a state in the USA, and it's where I live.

Dogs are seen as our beloved companions—I know I see mine that way—but when a dog bites someone, the legal implications can be significant. I’ve been involved as an expert witness in many dog bite cases, and from that experience I can tell you that you want to do everything you can to, 1) keep your dog from ever biting someone, and, 2) understand your liability as a dog owner. 

Laws governing dog bite liability vary across the world, making it crucial for owners to understand their responsibilities. This podcast episodeprovides a general overview of dog bite liability laws, with some additional Texas-specific details in the USA.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. If you are involved in a dog bite incident, consult with a legal professional in your jurisdiction.

Now let’s talk about dog liability.

Dog bite laws generally fall into three main categories:

Strict Liability: Some jurisdictions, such as France and parts of the United States, hold dog owners strictly liable for any harm their dog causes, regardless of prior behavior.

The "One Bite Rule": Found in states like Texas. This doctrine means an owner is only liable if they knew or should have known that their dog had a history of aggression.

Negligence-Based Liability: In many places, including the UK and Australia, dog owners may be liable if they were careless in preventing an attack, even if the dog had no history of aggression.

Texas follows the "One Bite Rule," meaning an owner is only liable if:

·      The dog has previously bitten someone or shown aggressive behavior.

·      The owner was aware of this behavior.

However, Texas law also allows victims to pursue negligence claims if an owner failed to exercise reasonable care in preventing an attack. For example, allowing a known aggressive dog to roam freely could result in legal consequences.

Additionally, violating animal control laws—such as leash laws—can lead to liability. Texas also has restrictions on tethering dogs under certain conditions, which can play a role in legal cases.

In Texas and other jurisdictions, dog owners may have legal defenses against liability, including:

Provocation: If the victim provoked the dog (e.g., teasing, hitting), the owner may not be liable.

Trespassing: Many jurisdictions, including Texas, have laws protecting owners if the person bitten was unlawfully on private property. 

Assumption of Risk: In some cases, if the victim knowingly put themselves in danger (e.g., dog trainers, dog behaviorists, or vets), liability may be reduced.

In addition to civil liability, dog owners may face criminal penalties in certain situations. Some states and countries impose criminal penalties if an owner knowingly harbors a dangerous dog. Texas has "Lillian's Law," which can result in felony charges if a dog that was known to be dangerous seriously injures or kills someone.

We’ll get right back to our episode, but first, a quick word about a service I offer to rescue organizations, dog clubs, and municipal animal services. If your team is looking for hands-on dog behavior training, check out information on my workshops at USADogBehavior.com. Some organizations may even qualify for free workshops. I’d love to talk with you about how I can help your team. Now, let’s get back to today’s episode.

If your dog bites someone, follow these steps to protect yourself and the victim:

·      Stay calm and prevent further injury.

·      Immediately separate the dog from all people, especially the bitten party.

·      Exchange contact information with the victim.

·      Seek medical help for the injured party.

·      Report the incident to local authorities if required.

·      Document the event, including witness statements and photos.

·      Consult an attorney to understand your liability.

Dog owners should consider financial protections to mitigate liability risks. Many homeowner’s insurance policies cover dog bite claims, but some exclude high-risk breeds. Some jurisdictions require owners of certain breeds to carry liability insurance.

While Texas adheres to the One Bite Rule, many other regions operate differently.

United Kingdom: Under the Dangerous Dogs Act, owners can face criminal charges if their dog injures someone.

Australia and Canada: Similar to the UK, strict liability laws exist in some areas, with heavy fines and even euthanasia for dangerous dogs.

Germany and The Netherlands: Certain breeds are classified as “high risk” and have strict ownership requirements.

Regardless of where you live, responsible ownership is key to preventing dog bites from happening in the first place:

·      Properly socialize and train your dog to reduce aggression risks.

·      Always follow local leash and containment laws.

·      Carry liability insurance if your jurisdiction allows for civil claims.

·      If an incident occurs, document everything and seek legal guidance.

Final Thoughts

Dog bite laws vary widely, but one thing remains consistent—owners are responsible for preventing harm. Texas dog owners should be particularly aware of the One Bite Rule and negligence-based liability, while those outside the U.S. should review their local laws.

Thanks for tuning in. If you enjoy quick insights into dog behavior, don’t forget to subscribe for more bite-sized episodes and leave a review if you find these episodes helpful. You can find us at USADogBehavior.com or follow us on Facebook by searching for USA Dog Behavior. See you next time, now go love your dog.