While dogs can be among the most loving and loyal pets, they are still animals with their own free will and instincts. Sometimes, a dog will attack despite intensive training and discipline by their owners, which is why there are leash laws in Nashville. Keeping a dog on its leash allows the owner to maintain control over their pet and mitigate the risk that it could attack someone.
If you have been hurt by a dog running loose, you may be wondering what you can do about it. While you cannot hold the dog responsible, the owner may be held accountable for not keeping their pet on its leash when they should have done so. Our skilled dog bite attorneys at Ponce Law can provide you with support and guidance on your legal options as we work towards a solution.
Responsibility for dog bites is complex in Tennessee because the state uses a mix of statute and common law principles to determine liability. Previously, the state followed the one bite rule, which says that an owner is not responsible for their pet attacking someone if they did not know that the animal tended to bite. In other words, the dog was allowed one bite, after which the owner should know that it might attack and make an effort to prevent another bite.
However, the 2007 Dianna Acklen Act removed the common law one bite rule and replaced it with strict liability. This is a legal concept that holds someone responsible for causing harm to another person regardless of their intention or negligence. For dog bites, specifically, the Tennessee Code Annotated § 44-8-413 says that the owner has a duty to keep their dog under reasonable control and to prevent the dog from running at large. The statute further defines running at large to mean that the dog is uncontrolled by the owner in a public space.
This statute establishes the liability of the owner if someone is attacked by the dog while out in public. The owner must maintain control of their pet at all times, and they could be held responsible if it hurts someone. The statute does not specify the use of a leash, but local ordinances can further clarify owners’ responsibilities for controlling their dogs in Nashville.
While “strict liability” seems clear and unambiguous, there are some exceptions that it is important for dog bite victims to be aware of. If the owner of the dog that bit you can show that one of these situations applies, they may be able to avoid liability:
If you were on the owner’s private, non-residential property without permission when the attack happened, the owner may not be held liable under the statute. This exception does not apply if you were on residential property, which we discuss in further detail below.
If the owner can show that you enticed, disturbed, alarmed, harassed, or otherwise provoked the dog into attacking, that can be a defense under the law.
If the dog was protecting its owner or another innocent person from an attack that you or your dog started, the owner may not be held responsible.
If the dog was securely locked in a kennel, crate, or other enclosure at the time of the injury, the owner is generally not liable.
Dogs working in an official law enforcement or military capacity are treated differently. If you were involved in the conduct that prompted their use, the owner will not face liability.
This is one of the most important wrinkles in Tennessee’s dog bite law. If a dog injures someone on the owner’s home property (where the owner lives, farms, or has permission to be), you may have to meet the “one-bite” standard instead of the standard for strict liability. In other words, you must show that the owner knew or had reason to know that the dog was dangerous.
These legal exceptions are among the many reasons why you need an experienced and knowledgeable attorney on your side. These exceptions are real, and insurance companies and defense lawyers will use every one of them that they can. But we will not hesitate to push back against these tactics. If you have been hurt, please do not assume that a liability exception limits your legal options. Instead, contact us to discuss the facts in greater detail.
Tennessee does not have a single statewide law that uses the word “leash.” However, the state does require dog owners to keep their animals under control. This statute effectively acts as a leash requirement, as most reasonable people would agree that the best way to keep a dog under control is with a leash or similar restraint.
As mentioned above, T.C.A. § 44-8-413 prohibits dog owners from letting their dog run loose on someone else’s property or on any public road, street, or other area open to the general public. If a dog owner fails to meet that duty and someone gets hurt, the owner can be held financially responsible.
You may be wondering: Are cats included in leash requirements? Some people do like to take their cats outdoors. The simple answer is that these state statutes generally apply just to dogs. Some local laws may also include cats, but it is not a uniform state-wide requirement.
In summary, dog owners must keep their dogs on a leash in any public, unenclosed area to avoid legal liability and comply with Tennessee’s safety regulations.
While the state statute is vague, Metro Nashville and Davidson County ordinances step in to fill the void. In 2023, the Council approved amendments and adjustments to the local rules about dogs running at large. Previously, the rules just said that the owner must have full command of the animal, which left leeway for an owner to exercise voice control over their pets. While this is possible with a well-trained and behaved dog, it is not foolproof. Dogs could still act on their own despite their owner’s voice commands.
In response, the Council changed the ordinance to say that the owner must have physical control of the animal. Although this language does not explicitly say a leash must be used, physical control is easily accomplished with a leash, tether, or any other kind of restraint that allows the owner to maintain control.
In this way, if an owner does not have such a restraint on their dog and it attacks someone in Nashville, they could be in violation of the local rules and held strictly liable under the state statute. There are some defenses the owner could raise, and that is why injured victims need an experienced attorney by their side to represent their interests and legal rights.
Leash laws in Nashville exist to keep everyone safe, including dogs and their owners. If you have been hurt by a dog running loose, you may be able to recover financial compensation from the owner for your injuries.
Discuss your situation with an experienced lawyer to understand your legal options. Call Ponce Law today to schedule a consultation about your case.
