Nashville Dog Bite Lawyer Reveals Winning Strategies to Overcome Common Defense Tactics
Imagine your family enjoying a sunny afternoon in Nashville's Centennial Park. The air is filled with freshly cut grass and happy dogs barking excitedly. In an instant, an unleashed dog lunges at your loved one, leaving them with painful injuries. Many dog bite victims report similar scenarios, unsure of what they can or should do next.
Unsurprisingly, dog owners and their insurance companies often employ defense strategies to reduce or eliminate their liability. At GriffithLaw, we've seen firsthand how these tactics can jeopardize a victim's right to fair compensation. Our Tennessee dog bite lawyers will work tirelessly to counter these claims and protect your rights to fair compensation.
Tennessee Dog Bite Laws Explained in Simple Terms
Before diving into specific defenses, we must begin with a good foundational understanding of Tennessee dog bite laws. The state follows a combination of statutory law and common law principles for dog bite and dog attack cases.
Often referred to as the "dog bite statute," Tennessee Code Annotated § 44-8-413 establishes strict liability for dog and animal owners in certain circumstances. Namely, the owner has a duty “to keep that dog under reasonable control at all times,” and they may be held responsible regardless of whether or not they knew the dog was dangerous.
An important thing to know about Tennessee dog bite laws is the statute of limitations. You have up to one year to file your injury claim. After that, you may forfeit your right to compensation.
Tennessee “One Bite Rule” for Dog Attacks
Tennessee law also adheres to the "one bite rule" in some situations. This common law principle essentially gives dogs and their owners "one free bite" before they are liable for damages. If a dog has never shown aggressive tendencies before, the owner might not be held legally responsible for the first incident.
The application of these laws depends on the specific circumstances of each case. A knowledgeable Tennessee dog bite lawyer can explain how they may apply in your situation and what that may mean for your right to fair compensation.
Common Dog Bite Defenses and How to Counter Them
Understanding common defense tactics dog owners use to minimize their liability is crucial for mounting a successful claim.
The Provocation Defense
One of the most frequent defenses in dog bite cases is that the victim provoked the dog. Under Tennessee law, if a dog owner can prove that the victim's actions directly led to the attack, they may avoid liability. For instance, the defense might argue that you were teasing the dog before the bite occurred.
Your dog bite lawyer will meticulously gather evidence to show that you did not provoke the dog. This might include eyewitness testimonies, surveillance footage, or expert analysis of the dog's behavior patterns.
The Trespassing Defense
Another common defense is that the victim was trespassing at the time of the incident. Tennessee Code Annotated § 44-8-413(c)(1) states that a dog owner is not liable if the person bitten was trespassing on private, non-residential property. For example, the defense might claim you entered the dog owner's backyard without permission when the bite occurred.
To counter this, you may work to establish that you had a legal right to be where they were at the time of the attack. This might involve proving you were invited onto the property or that the incident occurred in a public space.
The Enclosed Space Defense
Tennessee law provides some protection for dog owners if the bite occurred while the dog was in an enclosed space. Tennessee Code Annotated § 44-8-413(c)(2) states that owners are not liable if the dog was confined in a kennel or other enclosed area at the time of the incident. The defense might argue that you reached into a fenced yard to pet the dog when you were bitten.
A possible counter-strategy to this defense tactic is to investigate the specifics of the enclosure. Your Nashville dog bite lawyer may look for any inadequacies in the containment, such as gaps in fencing or unlocked gates, which could negate this defense.
The Lack of Knowledge Defense
In "one-bite rule" cases, dog owners often claim they had no prior knowledge of their dog's aggressive tendencies. They may say the dog had never shown signs of aggression before, and this behavior was completely out of the ordinary.
To overcome this strategy, your personal injury lawyer will conduct thorough investigations to uncover any history of aggressive behavior. This might include interviewing neighbors, checking local animal control records, or examining the dog's veterinary history for signs of past incidents.
Why You Need a Tennessee Dog Bite Lawyer
Facing these defense tactics alone can be overwhelming. The experienced legal team at GriffithLaw has a strong understanding of Tennessee dog bite laws and has helped many victims recover the fair compensation they deserve.
We work tirelessly to:
- Gather and preserve crucial evidence
- Interview eyewitnesses
- Secure expert testimony
- Negotiate with insurance companies
- Prepare a strong case for trial if necessary
Our goal is to secure the best possible outcome for you. We had a client who was attacked by a tenant’s pit bull. The client offered to settle for $35,000, but the insurance company denied their claim. After two days of trial, the Davidson County jury awarded a verdict of nearly $170,000.
Take Action to Protect Your Rights and Seek Justice
Don't let defense tactics intimidate you or prevent you from seeking the justice you deserve. If you or a loved one has been the victim of a dog bite in Tennessee, it's vitally important to act quickly. Evidence can disappear, witnesses' memories fade, and legal deadlines pass.
Let our experienced Nashville dog bite lawyers guide you through the legal process, counter these common defenses, and fight for your rights.
