Dog Bite Defenses: Provocation and Confinement

By the FigureMyTax Editorial Team · How we calculate

Tennessee lists its defenses in the statute, and one of them is a secure kennel.

The five exceptions

TCA 44-8-413(b) says there is no liability if (1) the dog is a police or military dog, the injury occurred during its official duties, and the person injured was involved in the conduct that prompted its use; (2) the injured person was trespassing on the private, nonresidential property of the owner; (3) the dog was protecting its owner or another innocent party from attack by the injured person or a dog owned by that person; (4) the injury occurred while the dog was securely confined in a kennel, crate or other enclosure; or (5) the injured person enticed, disturbed, alarmed, harassed or otherwise provoked the dog.

Trespass is narrow

The trespass exception covers private, nonresidential property, so a person trespassing on residential property is not automatically excluded.

Your own fault

Recovery of any damages is barred if your comparative fault is 50% or more; below that, a defendant is only severally liable for its percentage.

Knowledge at home

On the owner's residential property you must also prove the owner knew or should have known of the dog's dangerous propensities.

Insurance

Dog bite claims are often paid under the owner's homeowner's or renter's insurance.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Tennessee's rules apply to your specific case with a licensed Tennessee attorney.