Harlene Labrum | December 31, 2025 | Dog Bites in Tennessee
Who Is Liable for a Dog Bite in Tennessee?
Dog bite claims in Tennessee are decided by specific legal rules, not opinions or emotions. Courts focus on location, lawful presence, and control of the animal when deciding who is liable for a dog bite in Tennessee. These facts determine whether responsibility is automatic or must be proven through evidence.
Tennessee’s primary dog bite statute, Tenn. Code Ann. § 44-8-413, sets clear standards for civil liability. The law does not require a prior history of aggression in many situations. It also creates exceptions that can shift the burden of proof and affect how claims move forward.
Understanding these rules early helps injured victims avoid costly missteps. Liability questions often shape insurance negotiations and case strategy from the start. A Nashville dog bite lawyer can apply these standards to protect your rights and pursue fair compensation.
Who Can Be Held Legally Responsible
Liability for a dog bite depends on who exercised real authority over the animal at the time of the incident. Courts focus on control, supervision, and decision-making rather than titles or paperwork alone.
Dog Owners and People Who Exercise Control
Legal responsibility is not limited to the person listed as the dog’s owner. Anyone who regularly feeds, houses, restrains, or supervises the dog may be treated as an owner under the law. Control includes deciding where the dog goes, whether it is restrained, and who may interact with it.
Additional Parties Who May Share Liability
Other individuals or entities may share responsibility when their actions contributed to unsafe conditions. Property owners or landlords may be involved only in limited situations where they knew of a dangerous dog and retained control over the premises or the animal. Tennessee courts generally do not impose liability on landlords without proof of prior knowledge and the ability to take corrective action. Employers or guardians may also face exposure when supervision, work duties, or authority played a role.
When Dog Owners Are Automatically Liable
Dog bite liability depends on where the incident occurs and the victim’s lawful presence. Owners are generally held responsible for a dog’s injury to someone in public or on private property under certain conditions.
Bites in Public Places
- Owners are typically subject to strict liability when a dog bites someone in a public area, such as a park or sidewalk.
- Prior knowledge of aggression is not required to establish liability under this standard.
- The focus is on whether the dog was under reasonable control at the time.
- Courts assess restraint, supervision, and the circumstances surrounding the bite.
Bites on Private Property Where the Victim Was Lawfully Present
- Lawful presence includes guests, delivery personnel, service workers, or others with permission.
- Liability applies even if the dog had no history of biting or aggression.
- Evidence centers on location, permission, and whether the owner failed to restrain the dog properly.
- The key consideration is reasonable care in preventing foreseeable harm.
When Location Changes the Burden of Proof
Where a dog bite occurs can change what an injured person must prove to recover compensation. Tennessee law applies different standards based on whether the incident happened on private or public property.
Bites on the Owner’s Residential or Noncommercial Property
Strict liability does not apply when a bite occurs on the owner’s residential or noncommercial property. In these cases, the injured person must prove that the owner knew, or reasonably should have known, of the dog’s dangerous propensities. This shift makes these cases more evidence-driven and harder to prove.
Proving Knowledge of Dangerous Propensity
Courts look for proof showing awareness of risk before the incident occurred. Evidence may include prior bites, aggressive behavior, neighbor complaints, or animal control reports. Statements, messages, or repeated threatening conduct can also demonstrate knowledge of danger.
Control Failures and Dogs Running at Large
Failing to control a dog can create both civil and criminal liability. Understanding how control standards apply helps establish responsibility when injuries occur off the owner’s property.
Why Lack of Control Matters
- Unleashed dogs, broken fences, open gates, or unsecured doors often establish owner liability.
- Control failures are important even if the dog is usually friendly and well-behaved.
- Roaming incidents strengthen claims when bites or attacks occur off the owner’s property.
- Courts consider the foreseeability of harm and whether reasonable steps were taken to prevent roaming.
Control Standard
- Tenn. Code Ann. § 44-8-408 addresses dogs running at large and imposes criminal penalties when injury occurs.
- While criminal in nature, violations of this statute may be used as supporting evidence in civil liability claims involving lack of control or negligence.
- Severity of penalties depends on the level of injury and the owner’s conduct
- Compliance with control measures can mitigate both criminal and civil exposure
Common Defenses That Reduce or Eliminate Liability
Dog bite liability can be limited or eliminated when specific legal defenses apply under Tennessee law. These defenses focus on the injured person’s conduct and legal status at the time of the incident.
Trespassing and Unlawful Presence
Owners may argue that the injured person was trespassing or lacked legal permission to be on the property. When successful, a trespass defense can completely bar recovery for injuries caused by the bite. Proof of invitation, consent, or another lawful purpose often becomes essential evidence.
Provocation and Comparative Fault
Another defense claims the injured person provoked the dog through actions that interfered with the animal. Ordinary movement, walking, or entering property with permission usually does not meet this standard. Tennessee applies a modified comparative fault rule, meaning compensation may be reduced if the injured person contributed to the incident. Recovery may be barred entirely if fault is found to be 50 percent or greater.
Filing Deadlines That Can End a Claim
Tennessee law imposes strict filing deadlines that can end a dog bite claim before evidence is reviewed. Missing these deadlines eliminates leverage and often bars recovery, regardless of injury severity or clear responsibility.
One-Year Statute of Limitations
Under Tenn. Code Ann. § 28-3-104, most dog bite injury claims must be filed within one year. Claims filed after this period are usually dismissed, even when liability appears obvious. Early legal action preserves rights and allows attorneys to secure evidence promptly.
Why Delays Weaken Dog Bite Claims
Delays weaken cases as witnesses forget details, and surveillance footage is routinely erased. Medical records become harder to connect to the incident as time passes. Nashville dog bite lawyers often act quickly to prevent insurers from exploiting the filing window.
Conclusion
Dog bite liability in Tennessee depends on a limited set of facts rather than assumptions. Location, lawful presence, and control of the animal often determine how responsibility is assessed. Understanding these elements early helps injured individuals protect their position.
Timing also plays a critical role after an incident occurs. Delays can weaken evidence and complicate recovery before risks are fully understood. Early guidance allows claims to move forward with clarity and confidence.
At Labrum Law Firm, we understand how suddenly a dog bite can change your daily life and leave you with unanswered questions. Our team has in-depth knowledge of Tennessee dog bite laws and the experience needed to pursue accountability and fair compensation. Contact us or call us at (615) 265-0000 today to schedule a free consultation with a Nashville dog bite attorney. Take action now and let our firm guide you through the legal process with confidence and care.
