No. Texas follows the rule from Marshall v. Ranne, a 1974 Texas Supreme Court decision, under which an owner is liable when they knew or had reason to know that the animal had dangerous tendencies abnormal to its class. That is different from the automatic liability many states impose by statute. It is also not the only route to recovery, and the second route is often the easier one.

That nickname for the rule is misleading and it costs people claims. No prior bite is required. What is required is knowledge of a dangerous propensity, and that can be shown many ways: lunging at people through a fence, growling and charging at strangers, being kept behind a "Beware of Dog" sign, prior complaints to a landlord or animal services, or the owner's own habit of warning visitors.

You can still recover on ordinary negligence, which does not require any knowledge of the dog's history. An unlatched gate, a dog off leash where leashes are required, a handler who could not physically control the animal, or an owner who left a dog unsecured around visitors are all failures of ordinary care. This is the path most Austin dog bite claims actually run on.

Usually a homeowners or renters insurance policy, which typically includes personal liability coverage for injuries the household's dog causes, and typically covers bites that happen away from the property as well. Some policies exclude specific breeds or exclude any dog with a bite history, which is one reason the animal control record matters. If there is no policy, the claim runs against the owner personally.

Sometimes. A landlord who knew a dangerous dog was being kept on the property, and who had the ability to require its removal, may share responsibility. That is a separate claim from the one against the owner, and it becomes important when the owner has no insurance and no assets, which in this category of case is common.

Get medical care, because bite wounds infect at high rates and a wound that looks minor can become a serious infection within a day. Then report it to Austin animal services. Photograph the wounds before they are treated and again as they heal. Get the owner's name, address, and insurance information, and identify witnesses before everyone disperses.

Because it creates the official record of the animal, the owner, and the rabies vaccination status, and it starts the quarantine process. It can also produce a formal dangerous dog determination, which is an official finding your civil claim can then rely on. Reporting is not about punishing the animal. It is about creating the documentation that everything else rests on.

Child bites are typically more severe, disproportionately involve the face and head because of the height difference, and more often require reconstructive surgery over years. Under Texas law a child under five cannot be assigned any share of the fault, and an older child is measured against a reasonably careful child of the same age rather than an adult. The claim is also generally tolled until two years after the child turns 18.

Yes. Disfigurement is a distinct damages category in Texas, separate from pain and mental anguish, and facial scarring carries substantial value. The claim should also account for revision surgery, which is frequently staged over years and, in a child, may need to be repeated as they grow.

It is still a claim. Fractures, head injuries, and torn rotator cuffs from being knocked over by a large dog are common, particularly among older adults, and the same rules about owner knowledge and negligence apply. A bite is not a required element of anything.

Two years from the attack under Civil Practice and Remedies Code § 16.003. A child's claim is generally tolled until two years after they turn 18, which matters because the full extent of scarring in a child is often not clear for years.

The firm is based in Austin and represents clients throughout Texas, primarily in Travis County, Williamson County, and Bastrop County.

Board certification by the Texas Board of Legal Specialization recognizes attorneys who demonstrate substantial experience in a specific area of law, pass a rigorous examination, and receive peer review.Brent A. Devere is Board Certified in Consumer and Commercial Law, Consumer Bankruptcy Law, Residential Real Estate Law, and Commercial Real Estate Law by the Texas Board of Legal Specialization.Working with a board-certified attorney means your case is handled by a lawyer with proven knowledge, experience, and commitment in their field.

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