When you think about a personal injury lawsuit, the sort of injuries that most people think of are car accidents and trip or fall injuries. However, there are around 4.5 million dog bites in the United States every year, with 800,000 needing medical care, making them one of the most common reasons people file a personal injury lawsuit. However, the burden of proving fault lies with the victim so it is important to work with an experienced personal injury lawyer in Knoxville, TN in order to secure compensation.

Facts About Dog Bite Injuries

According to the American Veterinary Medical Association, 20% of people who dogs bite will require some medical treatment. Children are far more likely to suffer more severe injuries from dog bites, and they are also bitten more frequently. Puncture wounds are the most common type of injury thanks to dogs having strong jaw muscles and sharp teeth. Dog bites can cause pretty significant injuries, and dog owners are liable for compensation owed to injured parties, although typically, homeowner insurance policies may cover the cost.

Gathering Evidence Following a Dog Bite

As noted above, the burden is on the victim to prove fault when filing a personal injury claim for a dog bite. Your personal injury lawyer in Knoxville, TN, will help you to do this, but it is important to start collecting as much evidence as possible following the incident. To increase your chance of a successful lawsuit, you need to provide as much evidence as possible to support your claim. Some of the evidence you can gather includes the following:

  • Photographs - Take photographs of your injuries from multiple angles including not just puncture wounds but also bruising and other injuries. It is also a good idea to photograph the scene of the attack and the dog if it is safe to do so.
  • Medical Records - You should seek medical care as soon as possible following a dog bite as these injuries can quickly become infected. You will need to get copies of your medical records for your personal injury lawyer in Knoxville, TN, to document your injury.
  • Witness Statements - If there were witnesses to the attack you should also collect their names and contact information. They may be able to offer witness testimony as a third-party which validates your claim of the owner’s negligence.

Identifying the Dog Owner

One important thing when establishing liability for the attack is determining who was responsible for keeping the dog under control at the time of the attack. If you do not know who the owner of the dog is, you could try asking witnesses if they recognize the animal or contacting animal control. A description of the dog’s appearance and breed can help identify it, especially if you are able to photograph the animal. It is worth noting that the dog’s legal owner may not be the liable party if someone else was responsible for the dog at the time of the attack, which could be a dogsitter, neighbor, or friend. It is important to identify the person who failed in their responsibility to restrain and control the dog. Your personal injury lawyer in Knoxville, TN, can help you to identify the liable party based on the evidence you provide.

Proving Owner Negligence

For your personal injury lawyer in Knoxville, TN, to win your dog bite case, they will need to prove that the owner or handler of the dog failed to make a reasonable effort to control the dog. This might include any of the following:

  • Allowing the dog to roam freely in public with no leash
  • Keeping the dog in an unsafe area or hazardous conditions
  • Failing to properly secure and/or restrain a dog with known violent tendencies
  • Other acts of negligence and lack of reasonable precautions

The legal requirements for proving negligence may vary from state to state, but in Tennessee, both strict liability and the ‘one bite rule’ are applied depending on the situation.

  • Strict Liability - When strict liability is applied, the owner of the dog can be held responsible even if they had no reason to believe the dog would bite some or were unaware of any previous bite history. The dog owner can only be found strictly liable if the person was injured in a public place, or if they were injured while lawfully in a private space such as the owner’s home. The injured party would not be able to sue the owner if they were bitten while trespassing.
  • One Bite Rule - Tennessee law will apply the one bite rule in cases where the owner should have known that the dog was likely to bite or attack someone. In this situation, your personal injury lawyer in Knoxville, TN, would need to prove that the owner did not take the necessary precautions to prevent injury - for example, allowing a dog with a known bite history to be in public without a leash. It can be challenging to prove that the owner was aware of the bite risk, and liability may be negated if the injured party was trespassing or is found to have provoked the dog.

In conclusion, dog bites are a common cause of personal injury lawsuits in the United States, affecting millions each year and leading to significant medical expenses and emotional trauma, especially for children. Navigating a dog bite case can be challenging, particularly as the burden of proof rests on the victim. Working with a skilled personal injury lawyer in Knoxville, TN, is crucial for gathering the necessary evidence and establishing fault, whether through strict liability or proving negligence under the “one bite rule.”

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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.

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