Reasonable Control, No Prior Bite Needed in Tennessee

By the FigureMyTax Editorial Team · How we calculate

Tennessee turns the old one-bite rule into a duty of reasonable control, with one big exception at home.

The duty

TCA 44-8-413 provides that the owner of a dog has a duty to keep it under reasonable control at all times and from running at large. A person who breaches that duty is liable for damages suffered by a person injured by the dog in a public place or lawfully in or on the private property of another.

No prior bite needed

The owner may be liable regardless of whether the dog has shown dangerous propensities or the owner knew or should have known of them.

The exception at home

If the dog causes damage on residential, farm or other noncommercial property, and the owner owns the property or the injured person is there by permission or as a lawful tenant, the claimant must establish that the owner knew or should have known of the dog's dangerous propensities, in addition to other elements of premises liability or comparative fault.

Who is an owner

An owner is a person who regularly harbors, keeps or exercises control over the dog, not one who is only temporarily doing so.

Deadline

The period is the same as for personal injury, one year under TCA 28-3-104.

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.