Dogs are loving and affectionate pets, but they are animals and could attack. If a dog has bitten you, you may wonder what you can do about it. You cannot hold the dog responsible, but the owner might be liable.
Dog bite liability in Nashville can be complicated because of a mix of state statutes and common law principles. A knowledgeable dog bite lawyer at Ponce Law can help you understand your legal options, which can include pursuing a claim against the dog’s owner for your injuries.
A dog’s behavior is largely determined by its owner and upbringing. Even naturally aggressive breeds can be trained in good behavior with discipline and positive reinforcement. This is why, for the most part, an owner is responsible for their pet’s behavior.
Tennessee, though, is one of the handful of states that uses the common law one bite rule. This rule allows an owner to not be held accountable for their pet attacking someone if they did not know it might do so. After one bite, the owner should know that their pet has a tendency to bite and must take reasonable steps to prevent it from happening again. The owner can be held liable if they do not make this effort and their dog attacks another person.
However, there are instances where this rule may not apply. The Dianna Acklen Act, passed in 2007, removed many of the one bite rule provisions and replaced them with strict liability. In this legal concept, someone is held responsible for harm caused by their actions, regardless of intention or negligence. The Dianna Acklen Act holds the owner liable for a dog bite regardless of whether the animal had previously shown aggression or whether the owner knew of this tendency.
This mix of statute and common law makes determining responsibility for an animal attack in Nashville a little complicated and heavily dependent on the circumstances surrounding the incident. An experienced attorney can navigate the complexities and help determine if there is a case against the owner.
Generally speaking, the owner is strictly liable for injuries their dog caused if the victim was in a public place or lawfully on private property and the dog was running loose. However, there are several exceptions, some of which may apply the one bite rule.
Strict liability does not apply to a police or military dog whose attack occurred in the course of its official duties. The owner is not responsible if the victim was trespassing on the owner’s private nonresidential property, if the dog was protecting its owner, or if the victim was attacked because they were teasing or harassing the dog. Strict liability also does not apply if the injury occurred while the dog was secured in its kennel or other enclosure.
Finally, if the victim gets bitten while on the dog owner’s private residential property, the owner would be liable, applying the one bite rule, if the victim can prove that the owner knew or should have known about the dog’s aggressive tendency.
These are defenses that an owner can assert to avoid accountability if their pet injures someone in Nashville. Victims need a skilled attorney by their side to push back against these defenses so they can receive the compensation they deserve.
If you have been bitten by a dog, you may be able to hold its owner responsible for your injuries. Our team at Ponce Law has decades of experience with dog bite liability in Nashville and can help you reach a resolution.
You have several legal options. Call Ponce Law today and schedule a free consultation to discuss your case with our knowledgeable attorneys.
