The plaintiffs filed a lawsuit against the company that operated the business the dogs escaped from. They alleged that their owners were liable under Tennessee Code 44-8-413, which mandates that dog owners maintain a duty to keep their dog “under reasonable control at all times and from keeping their dogs from running at large.” Further, the statute explains that those who breach the duty may be liable for civil damages to the injury victim.

In this case, the company argued that the statute did not apply to them because they were not the “owner” of the dog. The defendants argued that the plaintiffs might claim that the business had temporary custody or control of the animals; however, this temporary control is insufficient to impose liability. The trial court found in favor of the defendant, and the appeals court reversed the summary judgment.

In reviewing the matter, the appeals court inquiry primarily focused on whether the evidence established that the company was not the owner of the dogs in question. The court reviewed the definition of “owner” under the statute, finding that the statutory understanding of “owner” is broader than just one with a property interest in the dog. The court found that the mere presence of an animal at a business does not necessarily amount to ownership. Instead, ownership relies on whether the dog’s presence benefits the business in the matter. If the dog is for the employer’s benefit, the employer may be considered the dog’s owner. However, if the dog is on the premises for the employee’s convenience, the employer is not likely the dog’s keeper.

In this case, the company advertised the dogs as “shop dogs” and marketed the dogs on the store’s various social media accounts. Further, the company allows the dogs to roam around the store, and customers testified that the dogs were regularly on the store’s premises. Taking this evidence into account, it is clear that one can reasonably conclude that the dogs were at the business for the employer’s benefit. As such, the appeals court found that the trial court erred in finding in favor of the defendants.

Have You Suffered Injuries Because of a Dog Bite or Attack

If you or someone you love has suffered serious injuries or died because of a dog attack in Tennessee, contact the Hartsoe Law Firm. The Hartsoe Law Firm provides clients with advocacy and representation following a Tennessee accident. The firm handles claims stemming from car accidents, dog bites, premises liability, and medical malpractice. Attorney Hartsoe has years of experience successfully representing Tennessee accident victims and recovering the compensation they deserve. Contact Mark C. Hartsoe at (865) 804-1011 for a free consultation regarding your Tennessee accident case.

Unfortunately, not all dogs are friendly, and dog bites, though rare, do happen. A dog bite can be very dangerous, leaving victims severely injured and psychologically traumatized. When the attack involves a small child, these injuries can be compounded. If you or someone you know has sustained a personal injury due to a dog bite, you may want to contact a dog bite attorney.

Knoxville Child Bitten by Dog

Recently, the Knoxville News Sentinel reported that a two year-old girl sustained severe injuries after having a portion of her face bitten off by her babysitter’s dog. The child’s mother was picking the child up from the babysitter’s residence when the incident occurred. The babysitter’s dog had been locked in a separate room and the mother asked the babysitter to let the dog out to play with her daughter. The babysitter initially refused, asserting that the dog was not friendly towards children, but the mother insisted. The child and dog were sitting on the floor when the dog bit the child. According to the Knox County Sheriff’s Office, this is the second time since October that deputies responded to a call about the same dog biting a young child.

As with many dog bites, criminal charges may be brought; however, criminal charges only remedy public violations and do not compensate a victim’s injuries.

The Dianna Acklen Act of 2007

Civil remedies for dog bite cases fall under the Dianna Acklen Act of 2007, T.C.A. 44-8-413, which combines the one-bite rule and strict liability depending on the location and circumstances of the dog bite. Under the one-bite rule, liability will attach only if the victim can prove the dog’s owner knew or should have known of the dog’s dangerous propensities–has the dog bitten or attacked someone previously? Prior to 2007, Tennessee was a pure one-bite rule state. That changed in 2007 when Tennessee signed the Dianna Acklen Act into law. Dianna Acklen was a 60 year old grandmother who was killed by 3 large dogs while walking in a park.

The 2007 act added a requirement for dog owners to keep their dogs under reasonable control while on public property or the private property of another. If the dog bite happens under these circumstances, strict liability will apply, and the victim does not have to prove the dog had a propensity for violence. It should be noted that there are notable exceptions to the strict liability under certain circumstances where the dog is a police or military dog, the injured person was trespassing, the dog was protecting the owner, the dog was securely confined, or the injured person provoked the dog.

The Tennessee act did maintain the one-bite rule under a “residential exclusion.” The residential exclusion retains the first-bite rule and requires the victim to prove a propensity for violence if the incident happened on a “residential, farm or other noncommercial property that the dog owner owned, leased, [or] rented.”

Application of the Law

In cases like the recent Knox county dog bite, a dog bite that occurs while on the property of the owner would fall under the residential exclusion and the one-bite rule would apply. Normally, dog bites happen on the owner’s property. The child, victim would have to prove the dog owner knew or should have known of the dog’s dangerous propensity with evidence like police records of previous attacks.

What a Dog Bite Victim Should Do

Our thoughts are with the child in Knoxville and her recovery. Dog bites can cause physical and financial difficulties. We all hope that dog bites would not happen to children, but when they do, it is important to speak with a personal injury lawyer.

If you or a loved one has been the victim of a dog bite, an experienced personal injury attorney will be able to gather evidence related to the incident and can review all the elements of the case. You are encouraged to contact a local personal injury attorney with experience handling dog bite cases.

If you have been involved in an accident, contact Hartsoe Law Firm, P.C. at (865) 804-1011.

Additional Resources: Police cite owner of dog that ripped child’s face, Nov. 21, 2013, Knoxville News Sentinel

Dianna Acklen Act of 2007, 2012, Tennessee Code

More Blog Entries: New Car Seat Rules Aim to Protect Kids from Injury in Knoxville Car Accidents, Feb. 28, 2013, Knoxville Injury Lawyer Blog

Tragic Tennessee Dog Attack Highlights Owner’s Residential Liability, Oct. 12, 2012, Knoxville Injury Lawyer Blog

The animal was a rescue dog the family took in several months ago. The animal has been given to the Union County Humane Society. Its fate is uncertain, although the family reportedly thinks it should be euthanized, rather than readopted. Meanwhile, according to news reports, the family is struggling to determine insurance coverage as doctors say the little girl will need months of treatment.

We are a nation of dog lovers. The Humane Society of the United States reports about 40 percent of U.S. households own 78.2 million dogs. Unfortunately, serious and fatal dog attacks are not uncommon. The Centers for Disease Control and Prevention reports 4.5 million people are bitten by a dog each year — or more than 12,000 dog bites per day!

Nearly 1 million victims a year seek emergency medical treatment and more than 30,000 are forced to undergo reconstructive surgery.

Tennessee dog bite law was updated by the legislature in 2007 and now establishes strict liability for dog owners only under certain circumstances. The Dianna Acklen Act of 2007, T.C.A. sec. 44-8-413, provides that dogs must be under reasonable control and not running at large. “A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.”

There is also no liability for injuries that occur on a dog-owner’s property unless the victim proves scienter, meaning that the dog owner knew or should have known of a dog’s dangerous propensities. The Insurance Information Institute reports more than 50 percent of dog bites occur on a dog owner’s property. Thus, under the new law, guests in a dog owner’s home may not be covered by his insurance, while strangers on the street enjoy full protection. Tennessee is unique in having passed such a “residential exclusion,” which is certain to undergo a battery of legal challenges as these cases make their way through the system.

As it stands now, a victim bitten on a dog owner’s property must prove the defendant owned the dog, the dog caused the injuries, and the owner knew or should have known the dog was dangerous. As we see in this case, the rescue dog responsible for the attack could well be “rescued” again by another unknowing family.

The truth of the matter is these cases frequently involve a pet known to the victim, whether a family member’s, neighbor’s or close family friend’s. And children are the most likely victim.

The risks increase as children begin spending more time inside with pets. End-of-year family gatherings and new pets invited into the family during the holidays also increase the risk. While adopting a dog, rescuing an animal or taking in a stray can be admirable alternatives to the pet store, none of these options are without risk. Choose a pet carefully. Supervise its interaction with the family and teach young children how to stay safe around dogs, whether the neighborhood pet or a stray on the street.

If you are dealing with an injury to a child in Tennessee, contact Hartsoe Law Firm, P.C. for a confidential consultation to discuss your rights at (865) 804-1011.

Additional Resources:

Mom: Shelter won’t euthanize family dog after attack, By Stoney Sharp, NBC10 News, Sept. 28, 2012.

Tennessee School Bus Accident Injures 20, Published by Hartsoe Law Firm, P.C., Sept. 20, 2012.