Most dog owners think their dogs do not pose a danger to others. Those dog owners are wrong. Any dog has the potential to cause serious injuries in certain circumstances.
When dog owners fail to responsibly control their animals and others suffer harm as a result, the team at the Grimmett Law Firm fights to get fair compensation for the physical and emotional trauma as well as other losses. Dog injury cases can be complicated for a number of reasons, so it is a good idea to start working with an attorney as soon as possible to give your legal team the best chance to collect evidence to support your claim.
Do Dogs Get “One Free Bite” in Tennessee?
Many people have heard that a dog owner is only responsible for dog bite injuries if their dog had bitten someone before. In legal terms, that is known as a situation where the dog owner knew or should have known that their dog had dangerous tendencies that could lead to a bite or attack.
So is it true? Is a dog owner off the hook if this is the first time the dog has bitten someone? The answer depends on the situation. “Free” bites are available only in limited circumstances. In other circumstances, dog owners are held strictly liable for harm caused by their animal, regardless of how the dog has behaved in the past.
Strict Liability for Dog Injuries
Dog owners have a legal duty to keep their dogs under “reasonable control” at all times under Tenn. Code Ann. §44-8-413. The law also imposes a duty on them to prevent their dogs from “running at large.” When they fail to fulfill these duties, dog owners become liable for any injuries they cause. Even if a dog does not bite, if it pushes someone down or causes injuries in some other way, the owner can be held legally responsible. Liability arises regardless of whether the owner knew the dog could pose a danger.
However, there are exceptions where strict liability does not apply. The location where the injury occurred can have a critical impact on liability. In addition, if the injured person was provoking the dog who injured them or if the dog was acting in defense, then the owner is not automatically liable for injuries.
It May Be Necessary to Prove the Dog Owner Knew of the Danger
A dog does essentially get “one free bite” if it is on its owner’s property or on someone else’s property with permission. The person injured can still recover compensation, but they will need to prove that the dog owner knew or should have known of the dog’s “dangerous propensities.” For instance, if you can show that the dog attempted to attack others in the past, your attorney can argue that the owner should have known the animal posed a danger and should have taken stronger measures to control the dog.
The Grimmett Law Firm Fights for Fair Compensation After Dog Bites
Most victims of serious dog bite injuries are children who suffer physical and emotional scars for the rest of their lives. Many other victims are elderly individuals who face a long and painful recovery process.
At the Grimmett Law Firm, we help all dog bite victims recover fair compensation for their pain, trauma, medical bills, and more. Contact us today to learn more about how we can help.