Texas Dog Bite Settlement Calculator
Estimate TX dog bite settlement — 'one bite' rule (Marshall v. Ranne 1974), negligence alternative path, negligence per se via leash law violations, 2-year SOL
Last reviewed: April 2026
🤠 TX: 'ONE BITE' RULE (Marshall v. Ranne 1974). Strict liability ONLY if prior viciousness proven. Negligence per se via leash law violation = alternative path. 2-year SOL.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Texas Dog Bite Law — One-Bite State
Texas has NO dedicated civil dog bite statute. Liability governs by common law with two pathways: (1) 'One-bite' rule (Marshall v. Ranne, 1974): owner strictly liable ONLY if they knew or should have known the dog had previously bitten someone or showed aggressive tendencies. (2) Negligence: owner failed to exercise ordinary care regardless of prior history.
The one-bite rule is a significant plaintiff barrier in Texas — without prior-knowledge evidence (prior bites, aggressive incidents, complaints, warning signs), strict liability fails. Negligence per se via leash law violation (Tex. Health & Safety Code §§821.102, 821.103) is a promising alternative theory — violation of a leash or restraint statute establishes negligence without proving prior viciousness.
SOL: 2 years under Tex. CPRC §16.003. Tolled for minors until 18. No damages cap specific to dog bite. Texas Health & Safety Code §822 establishes the dangerous dog framework: owner registration with animal control + secure enclosure + $100,000 liability insurance. Lillian's Law (2007): criminal liability for owner whose dog kills or seriously injures a person. Breed-specific legislation: state law (§826.101) prohibits cities from enacting BSL; however, cities including Fort Worth and San Antonio have breed-neutral dangerous dog ordinances. Houston leads national USPS dog attack rankings.
Key TX Dog Bite Law
TX dog bite rests on common law + supporting statutes:
Marshall v. Ranne (1974) — Common Law
Texas One-Bite RuleStandard: Strict liability ONLY if owner knew/should have known of prior vicious behavior
Scope: Pro-defendant rule. Without prior knowledge: negligence theory only.
Tex. Health & Safety Code §§821.102, 821.103
Leash Laws (negligence per se)Standard: Violation of leash law = negligence per se
Scope: Alternative theory when owner has no prior-knowledge evidence
Tex. Health & Safety Code §822
Dangerous Dog StatuteScope: Registration + secure enclosure + $100K liability insurance for dangerous dogs
Tex. Civ. Prac. & Rem. Code §16.003
SOLStandard: 2 years
Lillian's Law (2007)
Criminal LiabilityScope: Owner faces criminal charges if dog kills or seriously injures
Recovery Structure
Economic damages: medical, lost wages, future care — no cap. Non-economic: pain & suffering, scarring, PTSD — no cap specific to dog bite. Punitive damages: capped at greater of $200K OR 2× economic + non-econ up to $750K total (CPRC §41.008). Comparative fault: modified 51% bar (CPRC §33.001) — plaintiff >50% at fault = no recovery. Homeowner's insurance: typical $100K-$300K. Landlord liability: common-area control doctrine — landlord who knew + took no action can be liable.
One-Bite Rule + Negligence Per Se
One-bite rule (Marshall v. Ranne): strict liability requires prior knowledge. Evidence of prior bites, aggressive behavior, complaints, warning signs = triggers strict liability. Without such evidence, strict liability fails. Negligence alternative: owner failed to exercise ordinary care regardless of prior history (leaving unleashed in public, aggressive dog in yard with children, etc.). Negligence per se via leash law: violation of Tex. H&S Code §§821.102, 821.103 (or municipal leash ordinance) establishes negligence — relieves plaintiff of proving standard of care, just need to prove violation + causation. Dangerous dog §822 framework: if dog declared dangerous, owner must carry $100K liability insurance — creates insurance pool for severe incidents.
Damage Caps
No cap on compensatory damages specific to dog bite. Punitive damages: capped at greater of $200K OR 2× economic + non-econ up to $750K total (CPRC §41.008). Government entities: $250K per person / $500K per occurrence (CPRC §101.023) under TX Tort Claims Act. Homeowner's insurance limits are practical cap — typical $100K-$300K. Defendant's personal assets exposed for severe cases exceeding limits. Dangerous dog owners carry $100K liability insurance by statute (§822).
TX Dog Bite Verdicts + Averages
TX below national average due to one-bite proof barrier:
| Amount | Year | Case / Injury |
|---|---|---|
| $500K | — | — Severe attack with reconstruction |
| $300K | 2024 | Child scalp lacerations + facial scarring (Houston) |
| $150K | — | — Moderate bite with scarring |
| $69K | 2024 |
Texas Dog Bite FAQs
What is the Texas 'one bite' rule?
Under Marshall v. Ranne (1974), the Texas Supreme Court established that owners are strictly liable for dog bites ONLY if they knew or should have known the dog had previously bitten someone or showed aggressive tendencies (growling, lunging, prior complaints, warning signs). Without prior-knowledge evidence, strict liability fails — plaintiff must fall back on negligence theory. Significant plaintiff barrier — makes Texas one of the most defense-friendly dog bite states.
What is negligence per se via leash law violation?
Alternative theory when you can't prove prior knowledge. Texas Health & Safety Code §§821.102-821.103 (and most municipal ordinances) require dogs to be leashed or restrained in public. If the dog was UNLEASHED when it bit you, you can plead 'negligence per se' — violation of the statute establishes negligence. Requires: (1) documented ordinance violation, (2) you're within the protected class (general public), (3) injury was the type the statute was designed to prevent. Much easier to prove than common-law negligence.
What is the Texas dog bite SOL?
2 years from injury under Tex. CPRC §16.003. Tolled for minors until age 18. Strictly enforced. Same as California and Illinois.
What is Lillian's Law and how does it affect civil claims?
Lillian's Law (2007): criminal liability for owner whose dog kills or seriously injures a person. Named after Lillian Stiles who was fatally attacked by her neighbor's dogs in 2005. Creates second-degree felony charges. For civil purposes: criminal conviction creates strong evidence in civil case (collateral estoppel on liability), though criminal conviction is not automatically dispositive. If criminal charges are pending, consider filing civil suit strategically to leverage plea negotiations.
What are typical Texas dog bite settlement values?
Minor injuries: $15K-$50K. Moderate: $50K-$150K. Severe: $150K-$500K+. Example: $300K settlement for child scalp lacerations + facial scarring (Houston, 2024). National avg 2024: $69,300 (III). TX trends near or below national average due to one-bite proof barrier. Cases lacking clear prior-knowledge evidence frequently settle in lower ranges — negligence per se via leash law violation is the most promising alternative theory.
Pending TX Dog Bite Issues
Active legal developments (as of April 2026):
- One-bite rule creates significant proof challenge — cases lacking clear prior-knowledge evidence settle at lower ranges.
- Negligence per se via leash law violation is a promising alternative theory but requires documented ordinance violation.
- Houston leads national USPS dog attack rankings — venue matters.
- State law (§826.101) prohibits breed-specific ordinances, but breed-neutral dangerous dog ordinances permitted in cities.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- www.texasbar.com/AM/Template.cfm?Section=articles&Template=/CM/HTMLDisplay.cfm&ContentID=54792
- www.nolo.com/legal-encyclopedia/texas-dog-bite-laws.html
- statutes.capitol.texas.gov/Docs/HS/htm/HS.822.htm
- www.findlaw.com/state/texas-law/texas-dog-bite-laws.html
Other State Dog Bite Calculators
California
Pure strict liability §3342, no one-bite, 2,830 claims/$86K avg
Florida
Strict liability §767.04, 4-yr SOL (longest), Bad Dog sign defense
Illinois
Strict liability 510 ILCS 5/16 — covers attacks AND attempts
New York
Post-Flanders (2025): vicious propensity + NEGLIGENCE. $110K avg (highest)
Main Dog Bite Calculator
Nationwide dog bite overview
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Other Calculators for Texas
Each Texas calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Texas verdict data where available.