One Bite Rule in Tennessee-a change in law
In June 2007, Tennessee enacted a dog bite statute that rejects the one-bite rule for some dog attacks, but confirms it for others. Under new section T.C.A. sec 44-8-413, dog owners are strictly liable for dog bites and other losses caused by a dog that occur when the dog is not under reasonable control on the dog owner's premises, or when it is running at large off the premises.
However, the statute affirms the requirement of proving scienter -- in other words, affirms the one-bite rule -- if the accident happens on residential property, a farm, or "other noncommercial property," and the dog belongs to the owner, lessee or invitee of that property. The law contains numerous exceptions and contradictions.
Tennessee's dog bite statute is the only one in the USA that contains a "residential exclusion" (meaning a provision stating that strict liability applies except when the dog bite occurs upon the premises where the dog owner lives). It is confusing that our legislature passed such a bill, considering over 50 percent of bites occurs on the dog owner’s property. (See Insurance Information Institute, Dog Bite Liability accessed 8/30/07.)
This means that the residential exclusion shall leave over 50% of victims in Tennessee without compensation. The people who will benefit under this unique exception are particularly puzzling: guests in a dog owner's home are cut out of his insurance policy, while strangers he encounters while walking his dog on the street are fully covered for their injuries.
If you have been injured by a dog and have questions regarding Tennessee Law call Baker Associates today. We have experienced attorneys standing by to assist you throughout any complex or confusing legal matters that you may encounter.
