Is a Tennessee landlord responsible when a tenant’s dog bites another?

Whether a landlord is responsible for dog bites or other attacks by dogs owned by tenants varies from case-to-case and is very factually dependant on the circumstances. This is why having an experienced Tennessee personal injury attorney is important because a thorough background and history of the dog will be necessary to prove your claim.

Dog Bite Statute

Strict liability was established in Tennessee for injuries caused by canines under specific circumstances in the Dianna Acklen Act of 2007. This has been codified under Tennessee Code 44-8-413. Under this act there is a two part duty: (1) the dog needs to be under reasonable control and (2) not running at large. However the duty can still be violated if the dog is not under reasonable control and not running at large (such as when an owner allows their dog to run loose on their unfenced front lawn). If this duty is breached and a person is injured as a result of the breach, the owner of the dog could be subject to civil liability for the damages of the injured person.

There some exceptions to this statute, such as:

If the dog is doing police or military work;
The dog is protecting someone from being attacked;
If the dog is securely confined in a kennel or similarly restrained;
If the victim provoked the dog; and
If the attack occurs on residential, farm, or other noncommercial property that is owned, rented, leased, or occupied by the dog owner with the property owner’s (unless the victim can prove scienter. Scienter is when the dog’s owner knew or should have known of the dog’s “dangerous propensities”). This is known as the “residential exclusion.”
Elements Plaintiff’s Must Prove

When a plaintiff sues for injuries or death caused by a dog bite they need to prove three elements:

That the defendant owned the dog;
That the defendant’s dog caused the injuries; and
That the defendant knew or should have known that the dog had “dangerous propensities.”
Responsibility of Landlords or Dog Bites Caused by a Tenant’s Dog

Under Tennessee law, the landlord is responsible only if he or she had knowledge that the tenant’s dog had a vicious propensity and the landlord had retained enough control of the leased premises so as to require that the tenant remove the dog or have it safely restrained. This standard can be difficult to meet as constructive notice is not enough. In the 2005 case Langford v. Darden, the plaintiff was unable to recover damages from the landlord because there was not any proof that the landlord had knowledge of the dog’s propensity to violence, even though there was pervasive publicity about the viciousness of the tenants’ dog.

Control

There are a couple of ways control can be demonstrated. If a provision in the lease gives the landlord the right to evict the tenant if he or she engages in “dangerous” activities or “inappropriate” activities. Additionally, control can be established if the lease gives the landlord the right to allow or disallow the tenant to keep a pet.

Damages

If you or a loved one has been bitten or attacked by a dog, you can generally recover damages for:

Past and future pain and suffering;
Future medical care including plastic surgery;
Loss of enjoyment of life;
Lost earning capacity;
Lost wages;
Medical bills;
Permanent impairments; and
Scarring or disfigurement.
Here at Bailey and Greer, PLLC our Tennessee dog bite attorneys are trained and regularly handle Tennessee dog bite cases. We understand how to prove the dog owner had knowledge of the dog’s dangerous propensity to harm you or your loved one. We also understand that the majority or dog bites and animal attacks are on young children. Our legal team has a proven track record of compassionately representing our clients, including children, which we provide a few examples in our testimonials. Please contact us today to receive your free case evaluation by dialing locally to 901-680-9777 or toll-free to 888-470-9143.