Shortly thereafter, D.S. filed a lawsuit against W.A. for the injuries her son experienced. She argued that under Tennessee common law and Tennessee statutory law, W.A. was negligent in allowing her dog to attack D.S.’s son. In response, W.A. moved for summary judgment, arguing that she had no knowledge of any prior violence or propensity for violence by Ruby and, accordingly, could not be held responsible for Ruby’s actions. Reviewing the record and the lack of any prior history by Ruby, the lower court agreed and granted summary judgment to W.A.

On appeal, D.S. argued that W.A. should be held responsible for Ruby’s actions even if she didn’t know that Ruby was likely to hurt someone. Under Tennessee common law, a dog owner may only be held liable for a dog bite if the dog had a history of injuring people, and the owner was aware of this history. In 2007, Tennessee codified this common law claim and added an element of strict liability. Under the statute, dog owners may be held liable for the violent actions of their dogs, even if they are not aware of a propensity toward violence, if they were not reasonably able to control the dog at the time of the injury or the dog was running at large. However, under the statute, when individuals are in a dog owner’s home when they are injured, they may only bring a claim against the dog owner if the owner had reason to know that the dog was violent.

If you or a loved one has been attacked or bitten by a dog, there are laws in Nashville that will protect your legal rights. Contact a Nashville dog bite attorney to find out what your rights are and whether or not you are entitled to compensation under these laws.

What To Do After A Dog Bite

Strict Liability

In 2006, a 60 year Old woman named Dianna Acklen was killed by 3 dogs while taking her regular walk in a rural residential neighborhood. This prompted the Tennessee Legislature to pass the Dianna Acklen Act of 2007, which abolished the First Bite Rule. Under that law, a dog owner had been exempted from liability if their dog had never attacked or bitten anyone before. The Dianna Acklen Act, by contrast, established Strict Liability for certain dog bite injuries, regardless of whether or not the dog in question has displayed vicious tendencies before.

The new law obligates dog owners to keep their dog(s) under reasonable control and on a leash. In the event that a dog owner breaches this provision, they can be subjected to civil liability for the damages suffered by a victim, no matter if they are in a public place or on the private property of another.

Exceptions

The law does not apply if:

• The injury was caused by a military or police dog during the performance of  its official duty
• The injury occurred when the victim was trespassing upon the private, nonresidential property of another
• The injury occurred because the injured person disturbed, enticed, alarmed, harassed or otherwise provoked the dog
• The dog attacked irrespective of being confined in a kennel or crate when the injury occurred

In every dog bite case, there may be valid claims of negligence, which is not easy to establish. It is therefore essential that you hire an experienced personal injury attorney. Contact The Law Office of Eric Beasely for more information and access to a team of highly competent personal injury attorneys in Nashville.

The First Victim Free?

What, exactly, does the One Bite Rule entail? The rule essentially forgives the dog and owner of a bite or attack on another person; provided that there is no previous history of an attack by that dog. The dog, therefore, is legally “allowed” one bite, and the owner is shielded from prosecution in a civil case.

Essentially, a Nashville dog bite attorney would tell you, the owner of a dog that bites a single person had no reasonable expectation that their domesticated animal was capable of such an act. Only if the dog was to bite or harm another person in a similar manner as the first victim would the owner and canine be rendered liable.

Changes to the One Bite Free Law

In 2006, a 60 year-old woman was attacked and killed by several dogs in a residential neighborhood, which resulted in the passage of a new law amending the One Bite Rule. Tennessee law makers felt that the previous behavior of a dog may not be relevant in determining liability. Owners are responsible for keeping their dogs from roaming free, irrespective of whether the dog has ever bitten anyone before. Essentially, there are two things to keep in mind, concerning the responsibilities of a dog owner:

• An owner cannot allow his/her dog to run around at large – off their property, or where the dog can reach people
• Even if off the owner’s property, the dog must be kept under reasonable control

There are certain mitigating circumstances concerning dogs – even after the One Bite Rule was significantly amended. For example, police and military dogs are exempt while performing their prescribed duties. Additionally, if someone is trespassing on your property and bitten, neither you nor your dog is held liable. For more information regarding your rights on either side of the law, contact a Nashville dog bite attorney today.