Memphis Dog Bite Attorney Discusses the Tennessee Dog Bite Law for Victims of Attacks

For thousands of years dogs have been revered as man’s best friends.  Generally, dogs are very loyal, affectionate, and playful companions that provide us not only with enjoyment, but frequently important services and assistance.  Yet, there are exceptions to the good-mannered and intentioned canines we all know and love.

Nationally, there are an estimated 4.7 million dog bites that occur each year.  Of these bites, almost 800,000 require medical attention and treatment.  This costs insurance over $1 billion a year to reimburse and settlement these claims.  Sadly, 82% of all dog bites treated in emergency rooms are to children under the age of 15.  Unfortunately, it is not a rare occurrence anymore to see a Memphis dog bite attack in the news.

Throughout the United States, different jurisdictions have handled dog bites differently.  Some states have relied on the courts to determine what is reasonable and acceptable behavior for an animal attack.  Other states have proactively enacted legislation to unify the jurisdiction’s position on dog bites.  Historically, the vast number of states had enacted a “first-bite” rule.  Essentially, this meant that a dog was permitted “one free bite” on a person without imposing liability on the owner.

Tennessee was one such state.  But in 2006, the vicious attack on a 60-year-old librarian became the impetus for legislative change.  Named after the victim, the Diana Acklen Act was codified in Title 44, Chapter 8 of the Tennessee State Code that establishes Section 413.  This Section provides for civil liability for injury caused by dogs and has two main components.  One imposes strict liability on a dog owner, and the other requires the victim to sustain a burden.  Both are heavily fact-dependent.

Tennessee’s Strict Liability Law for Dog Bites

Sub(a)(1) provides that “[t]he owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.”

More particularly rebuffing the “one free bite” rule, the legislature added sub(a)(2) which provides that “[t]he owner may be held liable regardless of whether the dog has shown any dangerous propensities or whether the dog’s owner knew or should have known of the dog’s dangerous propensities.”

Essentially, this section creates civil liability for the owner of a dog who attacks a victim if the animal was not under “reasonable control” or was “running at large.”  This is what is known as “strict liability” because if the condition is met—that the dog was running at large when the victim was attacked—the owner will be liable for any damage that occurs no matter how careful or guilt-free the owner’s conduct was.  If it happened, the owner is liable if a specifically carved-out exception does not apply.

Tennessee’s Dog Bite Liability Exceptions

While these two subsections appear to be straight-forward, most of the matters our experienced Memphis dog bite attorneys handle involve the exceptions to the rule.  The exceptions require a resourceful legal team to uncover the pertinent facts to prove liability or disprove an exception.  Some of these exceptions from civil liability include military or police dogs while in the scope of official duties, to a trespasser, while the dog was protecting the owner or another innocent party, when the dog was secured confined in a crate or other enclosure, or where the victim has otherwise provoked the dog.

Sustaining a Memphis Dog Bite Claim on an Owner with Knowledge of a Dangerous Animal

However, the most contested exception has been coined the “residential exception.”  While technically not an exception, this section provides under sub(c)(1) that “[i]f a dog causes damage to a person while the person is on residential, farm or other noncommercial property, and the dog’s owner is the owner of the property, or is on the property by permission of the owner or as a lawful tenant or lessee, in any civil action based upon such damages brought against the owner of the dog, the claimant shall be required to establish that the dog’s owner knew or should have known of the dog’s dangerous propensities.” (emphasis added).

Thus, if the dog is properly under reasonable control and not running at large, but rather confined to a residence, farm, or noncommercial property when the victim is attacked, the owner is not strictly liable for the damages caused by the dog.  The victim will have to prove that the dog owner had knowledge of the dog’s dangerous propensities to cause harm to the victim.  This requirement becomes incredibly fact dependent and requires a competent and resourceful legal team to represent you.

Here at Bailey and Greer, PLLC our Memphis dog bite attorneys are trained and regularly handle Tennessee dog bite cases.  We understand how to prove the dog owner had knowledge of the dog’s dangerous propensity to harm you or your loved one.  We also understand that the majority or dog bites and animal attacks are on young children.  Our legal team has a proven track record of compassionately representing our clients, including children, which we provide a few examples in our testimonials.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.