Understanding Dog Bite Liability Under Tennessee

Were you injured in Tennessee because a dog bit you? In many circumstances, dog bite laws in Tennessee allow victims to seek compensation for their injuries after dog attacks. If you’ve been the victim of a dog attack, you may be eligible to receive compensation for medical bills, lost income, pain, suffering, and other related losses stemming from the incident.

Speak with a Tennessee dog bite attorney at The Terry Law Firm for more information about your legal rights. We are ready to help you pursue the compensation you deserve. Contact us today to learn more during a free claim review.

Overview of Tennessee Dog Bite Laws

Dog owners need to remember their pets can cause serious harm. Large dogs can cause major injury or death when they bite. Even small dogs can cause harm, particularly if bites become infected or the injured person is a child.

Tennessee law states the following:

• A dog’s owner must keep their pet under control in a reasonable way at all times. Doing so involves preventing the dog from running around on its own. Failure to reasonably control a dog constitutes a breach of duty. If a dog’s owner commits a breach and their dog harms someone, they may be liable for a victim’s injuries if they occurred in a public place or on private property where the victim had a right to be.
• A dog’s owner can be held liable for injuries after their dog bites someone, regardless of whether they knew or should have known their dog was capable of harming others.

Under the law, there are some instances when a dog’s owner won’t be liable for a dog bite victim’s injuries. A dog’s owner may not be liable for injuries after a dog attack when:

• The dog is a police or military dog that bites someone while fulfilling its official duties. The victim may not be eligible for compensation if they were participating in (or suspected of participating in) activities that caused the military or police to use a dog in this capacity.
• The dog bites someone while protecting an owner or innocent person from the dog bite victim or another dog.
• The dog bites someone while confined in a kennel, crate, or other such form of confinement.
• The dog bites someone because they provoked the dog.

Strict Liability vs. Negligence Standards in Dog Bite Claims

Dog bite laws in some states are based on the legal theory of negligence. In those states, a victim isn’t automatically eligible for compensation when a dog bites them. They must show that a dog bit them because the owner was negligent. That usually involves establishing that the owner knew the dog could cause harm but didn’t take reasonable steps to prevent it from doing so.

Other states enforce dog bite laws based on the theory of strict liability. If that type of dog bite law is on the books, it doesn’t matter whether a dog’s owner knew of their pet’s capacity for harming others when their dog attacked someone. They are liable for a victim’s injuries regardless of whether the owner’s carelessness played a role in a victim’s injuries.

Dog laws in Tennessee are unique. Strict liability applies when the dog is running at large or uncontrolled in a public place or roadway. A dog bite victim will need to prove a dog’s owner was negligent if they were injured on the dog owner’s property. In such circumstances, the injured party must prove that the property owner knew or reasonably should have known that their dog was dangerous and failed to take reasonable steps to prevent the attack.

Does Tennessee Use the Residential Exception and the One-Bite Rule?

The “one-bite rule” is a traditional rule that takes several potential forms in the dog bite laws of various states. The one-bite rule essentially says a dog can bite someone once without the owner being liable. However, once a dog bites someone, the owner should know the dog is capable of causing harm. Thus, they may be liable in future circumstances when their dog harms others.

Tennessee dog laws allow residential exceptions and the one-bite rule to apply in some situations. It applies when a dog bite occurs on a residential property, a farm, or another noncommercial property. The rule applies only if the dog’s owner owns the property or is a lawful tenant or lessee and if the dog’s owner already knew or reasonably should have known that the dog was vicious.

How Trespassing Affects Dog Owner Liability in Tennessee

Whether a victim was legally on a property at the time of a dog attack can influence whether an owner is liable for their injuries. In Tennessee, a dog’s owner typically isn’t liable if a victim was trespassing on their private, noncommercial property at the time of an attack.

Tennessee’s Statute of Limitations for Dog Bite Lawsuits

A dog bite victim has one year from the date of the attack to file a lawsuit in Tennessee. If they file their lawsuit after the deadline, the court will most likely dismiss the case without a hearing, and the victim will lose their opportunity to seek compensation in court.

Legal Options for Tennessee Dog Bite Victims

Dog bite victims often pursue compensation by filing a claim with the dog owner’s insurance. Usually, homeowner’s or renter’s liability insurance will cover dog bites. That can be a relief to the victim if the dog’s owner is a friend, neighbor, or family member. Hiring a lawyer is smart in these circumstances. The lawyer can handle all communications with the dog owner and their insurer, helping to preserve the victim’s relationship with them.

Filing a successful claim requires documenting losses. In some circumstances, evidence may also be required to show that a dog attack happened because an owner was careless. That is necessary if a dog bite occurs on an owner’s private residential property.

The insurance claims adjuster may not offer a victim a fair settlement right away. After filing a dog bite claim, you may have to negotiate to reach the settlement you deserve. Filing a lawsuit and pursuing damages in court is an option if the insurance company refuses to budge.

You don’t have to pursue compensation alone. Managing the legal process is easier with help from a Tennessee dog bite lawyer. At The Terry Law Firm, our experienced dog bite attorneys are ready to help you present the strongest case possible. Get started today by contacting us online for a free case review.