Who is Liable for a Dog Bite in Tennessee?

When someone else’s dog bites you, you should expect the owner to be liable for your injuries and losses, right? Unfortunately, in Tennessee, it is not always that simple. Tennessee is one of the few states that does not hold all dog owners strictly liable for bite and attack injuries. Instead, the majority of cases are governed by a common law principle known as the “One Bite Rule.”

What is the One Bite Rule?

The One Bite Rule stems from a legal cause of action called “scienter.” In many cases, a dog owner will not be held accountable for dog bite injuries unless the following are true:

• The dog was vicious or otherwise dangerous
• The owner or keeper knew of the dangerous disposition of the dog

Generally speaking, the first time a dog bites someone, the owner can claim they had no idea the dog would bite and can walk away without liability. Tennessee law gives dog owners one bite free – a law otherwise known as the “One Bite Rule.” Once the dog bites, the owner should have notice of the propensity to bite, and can be held liable for any future bites.

Strict Liability Situations

While holding someone responsible for their dog’s first bite can be difficult in Tennessee, it is not always impossible. This is because the state legislature passed the Dianna Acklen Act of 2007, which imposed strict liability on dog owners under specific circumstances. For an owner to be strictly liable, they must either fail to keep a dog under reasonable control or allow a dog to run at large. If they fail to do so and a victim did not provoke the dog, the owner may be statutorily liable.

However, this law also has an important loophole called the residential exception. The law states that there is no liability for a first bite if it occurs on the dog owner’s residential or other noncommercial property. Tennessee is the only state with such an exception. Because most dog bites happen on the owner’s property, this exception substantially limits the number of owners who are held strictly liable.

What to Do After a Dog Bite

Because of Tennessee’s lax laws for dog bite liability, holding owners responsible can be difficult. However, you should take certain steps after a dog bite injury to protect your rights. First, if the bite breaks the skin, you should always seek help from a medical professional. A professional should always clean out your wound to prevent infection, which can be difficult to do properly yourself. Keep track of all bite-related expenses and write down how and where the bite occurred, so you don’t forget key details. Then, make an appointment for our personal injury lawyers to evaluate your options.

Contact a Tennessee Dog Bite Injury Attorney for More Information

Dog bites can be terrifying and can result in medical bills, disfigurement, and mental trauma. At Bednarz Law, we help dog bite victims recover for their losses whenever possible. Please call 615-256-0100 to contact us and schedule a free case evaluation.