Articles Posted in Dog Bite Injuries

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.

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.