Texas Dog Bite & Animal Attack Law: Marshall v. Ranne 'One-Bite' Strict Liability & Leash Negligence

Overview of Texas Law & Liability Framework

Unlike states with a broad civil dog-bite statute, Texas governs dog bite civil liability through Supreme Court common-law precedent (Marshall v. Ranne and Bushnell v. Mott), offering victims two distinct paths to recovery: strict liability for known vicious propensities or ordinary negligence.

Key Texas Statutory Rules & Liability Standards

• Path 1 — Strict Liability ('One-Bite Rule' under Marshall v. Ranne): Under Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), an owner or harborer of a dog is strictly liable—regardless of how much care was used to restrain it—if: (1) the dog had vicious or dangerous propensities abnormal to its class; and (2) the owner knew or had reason to know of those propensities prior to the attack.
• Path 2 — Negligent Handling & Leash Law Negligence Per Se (Bushnell v. Mott): Even if a dog has NEVER bitten anyone before, the Texas Supreme Court confirmed in Bushnell v. Mott, 254 S.W.3d 451 (Tex. 2008) that an owner is liable for ordinary negligence if they fail to exercise reasonable care to stop the dog from injuring others (or violate a municipal leash/restraint ordinance, establishing negligence per se).
• Lillian's Law (Tex. Health & Safety Code § 822.005): Enacted in 2007, Lillian's Law imposes felony criminal liability when an unprovoked dog attacks a person outside its enclosure and causes serious bodily injury or death as a result of the owner's criminal negligence.
• Landlord Liability Hurdle (Batra v. Clark): Under Texas law, an out-of-possession residential landlord is generally not liable for a tenant's dog attack off the premises or inside the leased unit unless the landlord had actual knowledge of the dog's vicious propensities AND retained control over the area where the attack occurred.

Texas Court Procedure, Crash Reporting & Evidentiary Deadlines

Obtaining municipal Animal Control bite histories, veterinary behavioral records, postal carrier warnings, and confirmation of homeowners/renters liability coverage (checking for breed exclusions) is essential early in any Texas dog attack case.

Compensatory & Exemplary Damages Available Under Texas Law

Plastic and reconstructive surgery expenses (§ 41.0105), rabies prophylaxis, permanent facial/bodily disfigurement and scarring damages, psychological trauma/cynophobia counseling, and lost income.