Articles Posted in Dog Bite Injuries

In 2013, the number of dog bite claims rose 5.5%, and in the last decade claims have risen more than 45%. Dog bite claims account for more than 1/3 of all homeowners’ claims, and in 2013 the average claim was $29,752.00. In total, insurance carriers paid out more than $438 million dollars in dog bite claims. Of course, the severity of a dog bite claim can vary greatly. Some victims get away with only a small bite or scratch. While other dog bite incidents should be more appropriately characterized as an attack given the substantial injuries suffered by the victim. 

At The Law Offices of John Day, P.C., our award-winning lawyers are experienced in dog bite claims and would be glad to talk to you about your case free of charge. We handle all dog bite cases on a contingency basis so we only get paid if we recover money for you. So call us any time at 615-742-4880 or toll-free at 866-812-8787 or simply fill out this form and we will call you.

To learn more about Tennessee dog bite cases and Tennessee dog bite law, click on the links below:

Certain breeds of dogs have historically been classified as bully breeds and subject to special rules. For instance, military bases ban certain bully breeds. And, in the past, many local governments passed bans prohibiting residents from owning specified bully breeds. But surprisingly, that legislative trend is now reversing itself. 

State lawmakers are now overriding these local ordinances and prohibiting communities from instituting breed-specific bans.  In fact, eighteen states have passed this type of measure and another six are considering similar proposals. Of course, this dog debate is often quite heated. Most pet owners view their pets as family members and reject the notion their dog could be aggressive or a bully.  Of course, victims of attacks, parents of young children and others often feel quite differently about the dangerousness of these animals.  

Regardless of where you fall on the spectrum, you should know this: for homeowner’s insurance purposes, Pitbulls, Doberman Pinschers, German Shepherds, Akitas and Rottweilers are typically classified as bully breeds and are excluded from coverage in the event the dog attacks someone. So if you own a dog, check your insurance policy or call your agent and determine if any exclusions apply related to your dog’s breed. If you do not have insurance for your dog, get it. There are companies who specialize in writing policies for bully breeds. 

A recent report on the financial consequences of dog bites shows that there were 16,459 dog bite claims in the United States in 2012, a number actually less than the it was ten years earlier, when there were 16.919 claims.  No specific information was provided about the number of dog bite claims in Tennessee.

The data comes from the Insurance Information Institute("III"), a company that gathers and shares data about all sorts of insurance claims.  According to the III, he average cost per claim was $29,752.

State Farm, a major insurance company that sells homeowner’s insurance (the type of liability insurance that is typically available to victims of dog bites) paid 3,670 dog bite claims in 2012.  The total amount of money paid by State Farm on those claims was $108,000,000.  Thus, State Farm’s average cost per claim was quite close to the national average of all claims.

A dog presents a real hazard to bicyclists.  A dog can attack the bicyclist, or the bicycle, and cause a crash.  An attacking dog can cause the bicyclist to swerve, running off the road into a ditch or into the road and a passing car.  And, when you fall on a bicycle, particularly if you are traveling at a high speed, you will be very fortunate if you avoid serious injuries. (Clink on the link for more information about Tennessee dog bite or dog attack cases.)

Tennessee law provides that a dog owner has the responsibility to keep that dog under reasonable control at all times and to keep that dog from running at large.  "Running at large" specifically includes a dog going uncontrolled on a public highway or street.

A dog owner who does not keep the dog from running at large is responsible for any damages suffered by a person who is injured by the dog if the dog is in a public place or lawfully in or on the private property of someone else.  Liability is imposed in these circumstances even if the dog has never shown any dangerous propensities or whether the dog’s owner knew or should have known of the dog’s dangerous propensities. 

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.