Tennessee like most states has a specific statute dealing with liability for dog bites, but the Tennessee statute is somewhat unique from other dog bite statutes. Though these statutes are typically referred to as dog bite statutes, they cover all dog related injuries and are not limited only to dog bites. The Tennessee statute imposes a duty on dog owners to keep a dog “under reasonable control and not running at large.” A dog owner allowing the dog to play in the front yard would not be in compliance. Although the dog is not running at large, it is also not under reasonable control. If the dog owner does not meet this standard, the owner is liable for any injuries caused by the dog to a person who is in a public place or lawfully on private property.

Under the Tennessee dog bite statute, there are a number of notable exceptions to the strict liability of a dog owner whose dog is running at large or not under reasonable control but injures someone including:

• Performing military or police duties

• Protecting someone from an attack

• Securely confined in a kennel or other enclosure

• Provocation of the dog by someone other than a child

There is an additional requirement that an injured party establish “scienter” when the dog bite related injury occurs on residential, farm or other noncommercial property owned, rented or leased by the dog owner, or occupied by the dog owner with permission. This exception is referred to as the “residential exception” and is unique under Tennessee law, but the requirement that the owner have knowledge of a dog’s propensity for violence is often referred to as the “one bite rule.” This exception is very important because 50% of dog bites occur on a dog owner’s property. When the dog bite occurs on the dog owner’s property, the victim must show that the owner or keeper of the dog has knowledge of the dog’s vicious or dangerous propensities.

Call (615) 324-2000 for a free, no risk or obligation consultation with one of our Tennessee dog bite attorneys today.