Dog Bite Statute of Limitations in Texas
Last verified 2026-07 · Source: Tex. Civ. Prac. & Rem. Code § 16.003 ✓ verified · 3 sources
The deadline
2 years
from date of bite/injury, under Tex. Civ. Prac. & Rem. Code § 16.003.
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The deadline to file a dog bite lawsuit in Texas is 2 years, set by Tex. Civ. Prac. & Rem. Code § 16.003. It starts running on date of bite/injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Texas Deadlines for Related Claims
When the Clock Starts
In Texas, the limitations period for dog bite injury claims generally begins on date of bite/injury. Texas recognizes a discovery rule for this claim type: Texas allows the discovery rule to toll the limitations period in limited circumstances where the nature of the injury was inherently undiscoverable at the time it occurred.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
Texas follows the common law one-bite rule with no specific dog bite strict liability statute; plaintiff must prove the owner knew or should have known of the dog's dangerous propensities. The 2-year SOL under § 16.003 applies.
Source: Tex. Civ. Prac. & Rem. Code § 16.003, official Texas statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Texas government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Texas Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| New Mexico | 3 yrs | NMSA 1978 § 37-1-8 |
| Oklahoma | 2 yrs | 4 O.S. § 42.1 (strict liability); SOL: 12 O.S. § 95(A)(3) |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-56-105 (3-year personal injury SOL); no specific dog bite statute — common law one-bite rule applies |
| Louisiana | 1 yr | La. Civ. Code Ann. art. 2321 |
Frequently Asked Questions
How long do I have to file a dog bite lawsuit in Texas?
You have 2 years from date of bite/injury, under Tex. Civ. Prac. & Rem. Code § 16.003.
Can I still sue after 2 years in Texas?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to dog bite injury claims in Texas?
Yes. Texas allows the discovery rule to toll the limitations period in limited circumstances where the nature of the injury was inherently undiscoverable at the time it occurred.
What if the victim was a minor?
Texas generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
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Sources
- Official Tex. Civ. Prac. & Rem. Code Ch. 16 - Texas Legislature
- Corroborating Texas Dog-Bite Laws - Nolo
- Corroborating Texas Dog Bite Laws - FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Texas attorney.