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Animals

negligent handling

The owner of a dog or other animal may be liable for negligence in handling the dog when the dog causes personal injury or property damage. Sometimes a plaintiff must show that the owner had knowledge of the dog's dangerous propensities in order for the dog's owner to be liable for negligent handling.

In Tennessee, the liability of a dog owner for injuries or damages caused by their dog is governed by both statutory law and common law principles. Under Tennessee Code Annotated § 44-8-413, a dog owner can be held liable if their dog causes damage to a person, their property, or another animal. The statute imposes strict liability when the injury occurs in a public place or when the victim is lawfully in a private place. This means that the owner can be held liable regardless of whether they knew of the dog's dangerous propensities. However, if the injury occurs on the dog owner's property, the owner may only be liable if the victim can prove that the owner knew or should have known of the dog's dangerous tendencies. This is often referred to as the 'one-bite rule,' where the owner may not be held liable for the first bite or attack if they had no prior knowledge of the dog's aggressive behavior. Additionally, the owner may have defenses available if the injured person was trespassing, provoking the dog, or engaged in illegal activity at the time of the incident.

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Animals

negligent handling

Individual & Family Legal Plan

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Tennessee State Code

Tennessee State Code

Animals

negligent handling

Articles