Tennessee Dog Bite Laws

Individuals who have suffered injuries from dog bites can recover compensation under Tennessee’s dog bite laws, which enforce both strict liability and the one-bite rule. Rules and regulations that dog owners must follow are also clearly specified, including penalties for any violation. Bites are not the only injuries covered under this law, as it also applies to any type of harm caused by a dog.

According to an article released by FOX 17 News, Nashville recorded a total of 545 dog bite reports in 2021. However, only less than 10% of the cases resulted in citations for the owners, which raised suspicion for animal advocates, even if the majority of the cases were only minor. Additionally, Tennessee ranked 15th with the highest dog attacks against USPS workers in 2023.

This article will provide more information on the various aspects of Tennessee’s dog bite laws, such as the deadline for filing lawsuits, the responsibilities of a dog owner, and the state’s liability standards.

Dog Owner Responsibilities in Tennessee

Under Tennessee’s dog bite law, particularly in Tennessee Code Annotated Sec. 44-8-413, an owner can be held accountable for their pet’s actions, regardless of whether they are aware of the dog’s aggressive behavior or not. The owner is described as someone with regular control over the dog, not including temporary keepers or pet sitters.

Having a pet can be a rewarding experience. However, dog owners in Tennessee have responsibilities to fulfill from the time they decide to own the pet and put it under their care. Some of the dog owner’s responsibilities include:

• Getting the dog licensed - The pet owner is responsible for having their dog licensed in the county where they live. Failure to comply with this requirement may result in fines. 

• Completing rabies vaccination - It is the owner’s responsibility to keep up-to-date with the dog’s rabies vaccination. A certified veterinarian should administer the vaccinations, and the schedule will vary depending on the location. Owners should keep a record of their dog’s rabies vaccinations because it is a requirement when getting a license.

• Keeping the dog for life - When an individual is officially a dog owner, they must keep it for as long as they live. If, at one point, they are unable to care for the dog due to different reasons, they have the option to re-home it. Abandoning a dog in Tennessee may result in animal cruelty charges.

• Controlling the dog - Owners are always in charge of their dog’s behavior. An owner may face civil charges if their dog bites another person or destroys property.

• Complying with the spay and neuter laws - Being a responsible owner includes getting the dog spayed or neutered to avoid overpopulation. 

• Complying with the leash law - Owners must have their dogs on a leash as a safety measure for their pets and the public. No one can tell what can happen when a dog is at large. The only exception to this law is when a dog is herding or hunting.

Breed-Specific Legislation in Tennessee

There is no specific dog breed ban imposed statewide in Tennessee. However, owners are expected to always keep their dogs under control and keep the public safe. Breed-specific legislation in Tennessee, which imposes various limitations, primarily focuses on pit bulls and other large dog breeds. 

The strictest is a breed ban, which prohibits ownership and breeding. In some cases, owners can keep their dogs, but with corresponding conditions to prevent or reduce any risks of injury or death, which may include sterilization. Dyer, Henderson, Middleton, South Pittsburg, and Jasper are some of the counties and municipalities in Tennessee that have banned pit bulls.

There are also municipalities in Tennessee, such as Mt. Juliet and Brownsville, that allow pitbull ownership but with strict and specific regulations like muzzling and microchipping. In areas where there is dangerous-breed legislation, such as Adamsville and Baileyton, the owner may be required to pay higher registration fees, have their pets sterilized or microchipped, or even be asked to place a muzzle on their pet when out in public. 

Owners may also need to place a “dangerous dog” sign on their property, get higher liability insurance coverage, and have larger cages and stable fences. A special permit to own a specific dog breed may be required in some areas, like South Fulton.

Liability Standards in Tennessee Dog Bite Cases

Tennessee’s dog bite statute is a blend of strict liability and the one-bite rule. Under state law, dog owners must keep their pets under their control at all times and prevent them from being at large. The liability standards set by the state can make obtaining compensation a little challenging. The circumstances surrounding the incident will determine if a victim can recover damages, and it also provides several defenses that dog owners may use to avoid liability.

Strict Liability

Under the strict liability law, dog owners in Tennessee can be held accountable for damages, regardless of whether they know about the dog’s aggressive behavior or not. It also applies when the dog bites a person in a public place or on private property to which they were invited. In their defense, dog owners can use provocation if a person is bitten, even if the dog is secured. Trespassing is another defense that may be used by dog owners. 

One-Bite Rule

In Tennessee, the one-bite rule establishes that the owner knows or should have known that the dog was likely to bite, which can prove liability. Proving negligence on the owner’s part, like letting the dog run around without a leash, can be challenging. A more difficult situation when trying to prove owner negligence is when a dog was defensive due to a recent surgery or recently gave birth. The usual defenses used by owners for this rule are trespassing, provocation, and the dog doing police or rescue work.

Special Rule

If a dog bites another person inside the owner’s property, the victim should be able to prove the essential factors in the one-bite rule. This is also known as “residential exclusion” and is only applicable in the state of Tennessee. However, there are two exceptions for liability under this rule. The first exception applies to dogs tasked or ordered to do military or police work, those that protect a person from being attacked, or those confined in their kennels. The second exception is provocation.

Statute of Limitations in Tennessee for Dog Bite Cases

Dog bite victims in Tennessee have a limited window to recover compensation for damages against the owner. Dog bites, animal attacks, and other personal injury cases have a one-year statute of limitations. This means that the victim has one year from the date of the incident to file a case and obtain compensation for economic and non-economic damages such as medical expenses, lost wages, property damage, emotional distress, and pain and suffering.

If a dog bite victim fails to file a case within the deadline, they will lose their right to recover compensation for the injuries they sustained. 

Having a lawyer can also help victims get all the documentation ready so they can meet the timelines. How long a dog bite case will take depends on various factors surrounding the incident.

Civil Penalties for Dog Bites in Tennessee

Residents in Tennessee who have failed to fulfill their duties and responsibilities as dog owners may face civil charges on top of their accountability to compensate victims for their injuries and pain and suffering. Dog owners can be charged with civil offenses and fined up to $500 for each violation. Any violation moving forward will be considered a separate offense, and fines will be charged accordingly. 

Additionally, depending on the severity of the case, a judge may also order to remove the dog from the owner’s care or have the dog euthanized humanely.

Criminal Penalties for Dog Bites in Tennessee

Based on Sec. 44-8-408, pet owners who fail to contain or control their dogs and end up injuring or causing death to other people can face minor to severe criminal penalties. Dog owners may be ordered to pay fines for violations and imprisonment, depending on the injuries and the factors involved during the incident.

Apart from fines and jail time, dog owners may also face criminal charges like manslaughter or murder if the victim dies because of the attack. They may be sentenced to life in prison. In these cases, it is in the best interest of a dog owner to seek assistance from a dog bite lawyer or a personal injury attorney. 

Reporting and Handling Dog Bite Incidents

Individuals bitten by dogs should report the incident to animal control and the local health department. Dog bite victims can call the respective offices to make a report and provide the necessary information about the incident. They should report how it happened, the description of the dog, the pet owner’s details if known, and the location of the dog. Victims may also ask for details about where they can send the online bite report form. 

Reporting a dog bite is an important step in documenting the incident. However, in general, a victim should follow the standard procedure after being bitten by a dog. They should:

• Seek medical attention - Safety should always be the top priority. After the incident, it is best to have an ambulance called for first aid to be administered and to be taken to the hospital if needed. If the victim does not require immediate medical attention, they are still encouraged to visit a healthcare professional for treatment. This will also document the incident, which can be helpful when trying to obtain compensation.

• Report the dog bite - As previously mentioned, local authorities should be notified when a dog bite incident happens. This can help victims when the need to file a lawsuit comes. 

• Gather evidence - As much as possible, a dog bite victim should collect evidence after the attack. Capture photos of the wound, get the owner’s details, and ask for the contact information of the witnesses.

• Seek legal assistance - A victim should consult with a dog bite lawyer. They can assist victims in identifying if they have a case and help them file a dog bite lawsuit if needed.

How To Find a Dog Bite Attorney in Tennessee

Searching for a dog bite attorney in Tennessee should not be like looking for a needle in a haystack. In this day and age, technology plays a big part in people’s daily lives. A dog bite victim who needs legal assistance can easily go online to search for law firms available near their area. Initial consultations can also be done via video conference, which is very practical for both parties. The cost of hiring a dog bite lawyer depends on various factors and circumstances surrounding the case.

Having a dog bite lawyer is essential, regardless of whether the victim has minor or severe injuries. They can assist victims in various aspects of the case, such as proving negligence, gathering documents and witness statements, negotiating with the insurance carrier and the liable parties involved to recover compensation, and filing a case. 

Other Resources for Dog Bite Victims in Tennessee

Tennessee Legal Aid Services

A program of the state’s Department of Human Services, Tennessee Legal Aid Services provides free legal assistance for residents who cannot afford to pay for their lawyers. Interested parties can contact them by calling the following numbers:

Legal Aid Society of Middle Tennessee and the Cumberlands: (800) 238-1443
Memphis Area Legal Services, Inc.: (901) 523-8822
Legal Aid of East Tennessee: (865) 637-0484
West TN Legal Services, Inc.: (731) 423-0616 

Justice for All

Justice for All is an initiative led by the Supreme Court to assist Tennesseans with their legal needs. It also provides a list of pro bono legal programs and clinics throughout the United States.