Articles Posted in Dog Bite Injuries

Under Tennessee law the responsibility of a landlord for dog bites or other attacks by dogs owned by the landlord’s tenant depends on the facts of the case.

The landlord is responsible only if he, she or it knew or had notice of the vicious propensity of the tenant’s dog and the landlord had sufficient control of the leased premises to require the tenant to remove the dog or safety restrain it.

Control can be demonstrated by provisions in leases that give the landlord the right to evict if the tenant engages in "dangerous" activities or "inappropriate" activities.  Control can also be demonstrated in the lease gives the landlord the right to allow or disallow the keeping of a pet.

Insurance companies saw a 12% increase in costs related to dog bite claims in 2011, with the cost of an average claim increasing to almost $30,000.

According to the Insurance Information Institute, State Farm Mutual Automobile Insurance Company, the largest writer of homeowners insurance in the U.S., paid out more than $109 million as a result of its nearly 3,800 dog bite claims in 2011.  Dog bites accounted for more than one-third of all homeowners insurance liability claim dollars paid out in 2011, costing the homeowner’s insurance industry nearly $479 million.

For all insurance companies, the number of claims rose 3.3 percent from 15,770 in 2010 to 16,292 in 2011.  However, there were fewer claims in 2011 than there were in 2003.

We have recently updated the Law Offices of John Day, P.C. website to share more information about Tennessee dog bite law. Dog bite victims can learn both about the law of dog bites and about the types of claims that may be made to recover damages in dog bite cases.

Our website also explains the availability of insurance covering dog bite injuries,  educating both dog owners and the victims of dog attacks.

We offer free consultation to all those who have been injured by a dog attack.  Contact us at 866-812-8787 or fill out the contact form to the right – we will be honored to help you determine if you have a valid case.

A dog attacked me while I was riding my motorcycle down a public highway and caused me to crash.  Can I sue the owner of the dog?
 
Yes.  Under Tennessee law a dog owner has a duty to get his or her dog under reasonable control.  If a property owner allows a dog to roam and the dog attacks a motorcycle you may have a claim against the owner of the dog.
 
Many homeowner’s insurance policies provide coverage for dog owners whose dogs cause injuries to others.  If the dog’s owner has insurance coverage on his or her home, you may be able to make a claim against that insurance coverage.

I am thinking about hiring a lawyer to help me with a dog-bite case involving injuries to my child. Can I find out if my lawyer has ever been disciplined by the Tennessee Board of Professional Responsibility?

Yes.

Lawyers are regulated by the Tennessee Supreme Court through the Board of Professional Responsibility. The Board of Professional Responsibility investigates lawyers that are accused of violating the ethical standards of the legal profession, which are set forth in Rule 7 of the Rules of the Supreme Court of Tennessee. A lawyer who violates the rules can be sanctioned by the Board of Professional Responsibility. The sanctions can be a private reprimand or as serious as disbarment, which means that the lawyer is prohibited for practicing law for some period of years or even life.

I was jogging in my neighborhood when a dog started to chase me.  The dog bit me on the leg and, after I fell down, it bit me again on the arm before a passerby was able to get it off me.    I have some very ugly scars as a result of these bites and am now absolutely terrified of dogs.   What are my rights?

Under Tennessee law a dog owner has a duty to exercise reasonable control over his dog. If the dog’s owner let the dog run free the owner is reasonable for the harm caused by the dog.

If you win your case, you are entitled to payment of damages.  Most injuries caused by dog bites are covered under the dog owner’s homeowner’s insurance policy.  

I live in the country in Tennessee.  My dog runs loose.   The dog bit a neighbor kid over at his house about 700 feet down the road.  The dog never bit anyone before.  Am I responsible for what my dog did?  I thought every dog got one free bite?

A dog’s owner used to be able to avoid responsibility for a dog bite if he did not know the dangerous propensities of the dog, but that is no longer the law if the bite occurs off the dog owner’s property. Subject to several exceptions, if you let your dog run at large, you are responsible for injuries caused by your dog even if you had no reason to believe the dog was dangerous.

You report the bite to your homeowner’s insurance as soon as possible.  Your homeowner’s insurance policy may provide you with some protection in the event you are asked to pay medical bills or get sued  by the neighbor.

My son was bit by a neighbor’s dog.  What rights do I have in a lawsuit against the dog owner? 

You have the right to recover medical expenses that you paid or were paid by your insurance company.  (You almost certainly have to repay your health insurance company out of the settlement or judgment.)  You can also recover damages for loss of services of your child.

Under Tennessee law, you cannot recover damages loss of the relationship between you and your child because of the injuries or for your emotional distress at seeing your child deal with his injuries.  

My 10-year old daughter was hurt in a car wreck.  Her dad and I are divorced.  Can I file a lawsuit on her behalf?

Yes, if you are the custodial parent you are permitted to bring a lawsuit on your daughter’s behalf.  If you are not the custodial parent the appropriate person to bring the lawsuit is your daughter’s father ( I assume that he is the custodial parent).  

Even if you are the custodial parent and have the right to file suit, you should work with the child’s father and try to maintain a united front in the litigation.

 I have a personal injury case going to try in Cookeville, TN next month.  How many jurors need to vote for me for me to win?

You will probably have a 12-person jury.  That is the typical number of jurors in a civil jury trial in Tennessee.  You and your opponent may agree to a lesser number of jurors, but you will almost certainly have 12 jurors (and one or more alternate jurors) hear the case.

All twelve jurors must vote for you for you to win the case.  Some states permit a lesser number (10 of 12, 9 of 12) but in Tennessee the jury verdict must be unanimous unless the parties to the lawsuit agree on that the verdict may be something other than a unanimous verdict.  For obvious reasons, the defense will rarely agree to such a proposal.

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