An average of 5 million people in the United States are bitten by dogs every year, making it the 13th most common injury seen in emergency rooms. Did you know that it qualifies as a personal injury? Of course, it is tricky to hold an animal liable for your injuries, but under Tennessee Law, the owner can be held responsible. If you have been bitten by a dog, get medical care, and then the next step is to consult a personal injury lawyer in Knoxville, TN.

When is a Dog Owner Liable For Injuries Caused by Their Pet?

Tennessee has a mix of strict liability and a ‘one bite’ policy. The statute means that the circumstances of the bite have a crucial role to play in pursuing a claim with the help of a personal injury lawyer in Knoxville. Under the strict liability application, the owner of the dog takes responsibility, even if they did not have any prior knowledge of the dog’s aggressive behavior or bite tendencies. These cases typically have a more predictable outcome since knowledge of the dog’s personality and behavior is not taken into account. Strict liability may be applied if the bite or property damage occurred in the following situations:

  • If the victim was bitten or injured in a public place
  • If the victim is bitten or injured while lawfully present in a private place.

While behavioral aspects are not taken into account, the dog owner can still defend a strict liability claim in other ways. If it can be proven that the injured party provoked the dog or if the dog was confined in a kennel or crate at the time of the injury, the dog’s owner may not be held liable for the injuries. Also, if the injured person was trespassing or committing another criminal activity when the dog attacked, the owner cannot be sued for personal injury. If you are unsure of the law regarding the circumstances of your specific situation, it is important to consult with a personal injury lawyer in Knoxville to find out if you have a viable lawsuit.

Understanding the ‘One Bite’ Rule

Tennessee is one of many states that also employs a ‘one bite’ rule in certain dog attacks. This comes into play in cases where the dog owner claims that the animal has never bitten before nor shown any aggressive behavior and, therefore, they could not have known that the dog would attack. In simple terms, the dog is allowed one bite before its owner can be sued for personal injury. However, this does not mean that the dog has the right to bite someone, but in order to hold the owner responsible, it is necessary for a personal injury lawyer in Knoxville to prove that they were aware that the dog was aggressive and presented a danger to others.

If you believe that the owner knew, or should have known, that the dog had the potential to bite, your personal injury lawyer in Knoxville must demonstrate that the owner did not take the proper precautionary measures to prevent it from happening. This might include not keeping the dog on a leash while walking it or neglecting to take precautions at times when the dog may be feeling stressed or vulnerable, such as following surgery or during pregnancy. Dog owners have a duty of care to protect others from being injured by their pet.

There is potential for dog owners to defeat a one bite claim using one of the following defenses:

  • The person injured was trespassing on private residential property or a farm.
  • The dog was provoked into biting the injured party.
  • The dog in question was an on-duty working dog, such as a police, military, or emergency rescue dog.
  • When the injury occurred on non-commercial property owned by the dog’s owner
  • When the injury occurred on property being rented or leased by the dog owner - or being used with the property owner’s express permission

The laws relating to dog bites in Tennessee can be complex, and proving liability can be tricky. Working with an experienced personal injury lawyer in Knoxville who knows which set of laws applies in different situations is important. They can help you gather evidence to prove liability and secure compensation for your injuries and any property damage that has occurred as a result of the attack.

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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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