Dog Bites: The Gift No One Wants

One popular gift this holiday season will appear relatively harmless (albeit hairy, slobbery, and mischievous) upon opening: the gift of a puppy.  While most purchasers do not fully comprehend the responsibility attached to raising and training a puppy, even fewer consider the ramifications their new pet could expose them to.  In Tennessee, pet owners could face liability for their pet biting another person based on the Dianna Acklen Act (Tennessee Code Annotated 44-8-413).  Ms. Acklen was killed in 2006 by 3 dogs that attacked her in a residential neighborhood and the Tennessee Legislature passed the Act as a response.

Under the old law, a dog owner would not be liable for a dog bite if the dog had not previously bit, or acted violently towards someone. However, under the new Act, the dog owner is subject to strict liability, “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.”

However, there are several exceptions to the new Act:

“(1)  The dog is a police or military dog, the injury occurred during the course of the dog’s official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;

(2)  The injured person was trespassing upon the private, nonresidential property of the dog’s owner;

(3)  The injury occurred while the dog was protecting the dog’s owner or other innocent party from attack by the injured person or a dog owned by the injured person;

(4)  The injury occurred while the dog was securely confined in a kennel, crate or other enclosure; or

(5)  The injury occurred as a result of the injured person enticing, disturbing, alarming, harassing, or otherwise provoking the dog.”

In addition to these, the new Act also provides an exception for dogs that attack a person who was on an owner’s “residential, farm or other non-commercial property” with the owner’s permission.  In this instance, the owner’s liability reverts to the old Act and the owner is not responsible unless “the dog’s owner knew or should have known of the dog’s dangerous propensities”

If you have been injured as the result of dog owners’ neglect, you may be able to obtain payment for your injuries, lost wages, pain and suffering, and other injury related expenses. Contact a Memphis personal injury lawyer today at Bailey & Greer at 901-680-9777 to help get you on the road to recovery.