When a dog bite results in a person's furry friend being injured, who will cover the associated costs of medical treatment? Having an understanding of Tennessee dog bite laws is important for those who want to pursue compensation from the other dog owner.
This article will provide more information on who will be liable for the damages when a dog's dangerous propensities result in harm.
An Overview of Tennessee Dog Bite Law
Tennessee, like many other states, has rules controlling dog bites and owner responsibilities. The state adopts a "strict liability" method, which means that pet owners are deemed liable for their pets' conduct irrespective of the animal's previous conduct or the owner's awareness of the dog's aggressive inclinations. This principle applies to both injuries involving humans and those that involve other dogs.
A dog owner is responsible for damages under Tennessee law if their dog harms another individual or a domesticated animal while on public or private property.
Keep in mind that this could also include the dog owner's property, provided it is not accessed illegally. The legal concepts are straightforward: if a dog bites another dog in the state of Tennessee, the person who owns the offending dog is held liable.
Proving Liability
The burden of proof in a dog bite case falls on the plaintiff. This means that to file a successful claim against the other party, the owner of the injured dog must establish liability. To to this, a number of factors must be taken into consideration. This includes the following:
Establishing Ownership
This is one of the most fundamental aspects of proving liability. In order to hold someone liable, the claimant must prove that the person is the legal owner of the dog.
Where the Incident Took Place
As mentioned previously, dog's owner can only be held liable for the actions of their canine companion if the attack took place on public or private property (access to which was gained legally).
The Violation of Leash Laws
According to Tenessee's leash laws, owners are required to have their dogs under control at all times. Failure to adhere to these laws could also contribute to liability. The claimant's attorney will typically check whether the dog's owner violated these laws to help strengthen the plaintiff's case.
Pursuing Compensation
Once the claimant has established that the other party is at fault and may be held liable, they will need to back up their claim by presenting proof of this. The following may be used to recover compensation and strengthen a plaintiff's case:
Veterinary expenses. In most dog bite cases, the main concern is the treatment that must be provided for the injured dog. Veterinary expenses can quickly mount, and the offending party is usually required to cover them.
Lost earnings. If the injured party had to miss work in order to care for their pet or deal with the effects of the incident, they may be able to get reimbursement for their lost income.
Pain and Suffering: In certain instances, the owner of the injured dog may seek recompense for their pet's emotional distress as well as pain and suffering.
Property damage. In addition to injuries, other property damage may result. These expenses are typically added to the settlement amount.
A reliable attorney can help claimants compile evidence to obtain compensation for the damages listed above.
Understanding Homeowner's Insurance and Liability Coverage and How They Affect Dog Bite Cases
Many dog owners may be wondering what function homeowner's insurance plays in such scenarios. In Tennessee, this kind of insurance typically includes dog bite liability coverage. However, it's important to remember that not all policies are the same, and certain insurance companies may refuse to cover certain breeds or accidents.
When a dog attacks another dog, the injured party may request remuneration through the dog owner's home insurance. It's crucial for owners to understand that submitting a claim may result in higher premiums.
How an Attorney Can Help Dog Bite Victims and Dog Owners
When a dog bites a person, the consequences can be devastating. The injured person can suffer tissue damage, nerve damage, broken bones, and so much more. When a dog suffers because of another, it can suffer similar injuries. Schuerger Shunnarah Trial Attorneys can also help with questions like What happens if your dog bites someone at PetSmart?
Dog owners have a responsibility to keep their dogs under reasonable control, and when they fail to do this, the other dog owner may claim compensation. However, to prove that they deserve compensation, the plaintiff must prove liability and present compelling evidence to back up their claim.
Fortunately, an experienced Nashville dog bite lawyer will have a comprehensive understanding of the one-bite rule and strict liability laws and can help the claimant get the amount they are rightly due.
By conducting an investigation into the attack and consulting expert witnesses, lawyers can ensure that the innocent party gets justice.
When Negotiations Fail
Suppose both parties are unable to reach an agreement through negotiation. In that case, legal action may be taken. Small claims court is an option for straightforward lawsuits with losses that fall within a certain limit. However, in more complicated situations involving considerable medical expenses or contested liability, a civil court lawsuit may be required.
The claimant will be responsible for providing evidence in a civil court lawsuit to demonstrate fault and obtain compensation from the defendant. In such circumstances, legal advice is a must to secure a favorable outcome.
Schuerger Shunnarah Can Help with This Kind of Dog Bite Case
Dog bite injuries can be severe and even life-threatening for both humans and other dogs. The actions of a dog owned by a resident can have serious consequences, and the owner of the injured party may be able to recover damages. Schuerger Shunnarah Trial Attorneys can also provide insight on an average dog bite settlement in Tennessee.
Schuerger Shunnarah Trial Attorneys can help claimants gather evidence and present it in a compelling way to secure a favorable outcome and ensure that their dog is able to get the treatment it deserves.
Dog owners can contact the firm for reliable advice and aggressive legal representation.