Most states use either a strict liability law or a one-bite rule to determine financial responsibility (liability) for a dog attack. Texas uses a one-bite rule, also known as a negligence or scienter doctrine. Under this rule, the owner of a dog will only be liable for a dog attack if he or she had reason to know that the dog was dangerous or had vicious propensities prior to the attack. For instance, if the dog had attacked or bitten someone in the past. If a dog has a history of at least one prior bite, the pet owner can be held liable for a second or subsequent attack in Texas.
Once it is established that the pet owner knew or reasonably should have known that the dog might bite, the victim must then prove that the owner was negligent in exercising reasonable care to prevent further attacks; for example, that the pet owner had allowed the dog to run at large in violation of Boerne’s leash laws. In a strict liability state, on the other hand, pet owners are held responsible for dog bite injuries regardless of the question of any prior knowledge of the animal’s vicious propensities.