Question 1

Is Tennessee a strict liability state for dog bites?

Accepted Answer

Largely. Under TCA 44-8-413, the owner of a dog has a duty to keep it under reasonable control and from running at large, and a person who breaches that duty is liable for damages suffered by someone injured by the dog in a public place or lawfully on the private property of another. The owner may be liable regardless of whether the dog showed dangerous propensities or the owner knew of them.

Question 2

When do I have to prove the owner knew the dog was dangerous?

Accepted Answer

When the dog causes damage on residential, farm or other noncommercial property that the owner owns, or where you were by the owner's permission or as a lawful tenant or lessee. Then you must show the owner knew or should have known of the dog's dangerous propensities, in addition to other elements of premises liability or comparative fault.

Question 3

What are the defenses?

Accepted Answer

No liability under the statute if the dog was a police or military dog on duty and the person was involved in the conduct that prompted its use, the person was trespassing on private nonresidential property, the dog was protecting its owner or another innocent party from attack by the injured person, the dog was securely confined in a kennel, crate or other enclosure, or the person enticed, disturbed, alarmed, harassed or provoked the dog.

Question 4

Can a landlord be liable?

Accepted Answer

Generally no under the statute. The owner is the person who regularly harbors, keeps or controls the dog, and land ownership alone is not enough to make a landowner a regular harborer.

Question 5

How long do I have to file?

Accepted Answer

One year, the same period as other personal injury actions (TCA 28-3-104).

Tennessee Dog Bite Liability

What is your claim worth?

A duty of reasonable control, not a free first bite

Tennessee Dog Bite Liability

What is your claim worth?

A duty of reasonable control, not a free first bite

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