Who Is Liable for a Dog Bite in Tennessee?

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Tennessee has some of the most complicated laws regarding dog bites in the United States. In some cases, owners and even landlords can be held liable, but in other cases the victim is left to cover their injury costs.

Tennessee Laws Regarding Dog Bites

Tennessee is unusual because it is neither a strict liability state nor a ‘one bite’ state. Rather, the consequences of a bite depend on the situation and setting in which it happened. First, dogs are legally required to be under reasonable control, which can include chaining. Rather than discouraging chaining as many states do, Tennessee law condones it. Second, the dog cannot be running ‘at large’, which is interpreted to mean it cannot be running unrestrained off the owner’s property. If these criteria for dog ownership are not met, the owner is likely liable for a dog bite.

Exceptions to Owner Liability

However, there are several loopholes that are left in dog owner liability by Tennessee law. Dogs who are performing police or military work are exempt, as are dogs that are confined in a kennel when the bite occurs. Owners are not liable if the dog bites after being provoked. More interestingly, owners are not liable when the bite occurs on their own property, whether rented or owned, or on property that the dog was on by the owner’s invitation. This is called a residential exclusion. In other words, dog owners are often not liable for bites that occur in a place that the dog was specifically allowed to be.

Owners of dogs who bite someone on their own property may still be liable if they knew that the dog was dangerous or mischievous. People who sue a dog owner for a bite must prove that the owner was aware that the dog was a risk.

The Burden of Proof

Around half of all dog bites occur on the owner’s property, which means many bite victims in Tennessee are left with a high burden of proof in order to collect medical bills and damages. First, they must prove that the dog is indeed owned by the person they are suing. Second, they must prove that the dog bit them and is responsible for their injuries. Last, they must prove that the owner knew that the dog was at risk of biting or harming a human. If the dog was running unrestrained or not on the owner’s property, then the burden of proof needed to collect damages is much lower. In addition, the landlord can be sued for damages that occurred from a dog bite on their property if the plaintiff can prove that they knowingly rented the property to someone with a dangerous dog.

If you have been bitten by a dog in Tennessee, you have a difficult road ahead. It is difficult to prove that the owner should be forced to pay damages under Tennessee state laws. However, with the help of an experienced personal injury attorney, it absolutely can be accomplished. It is important to contact a lawyer as soon as the bite occurs so they can help you navigate this complicated situation.

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