Memphis dog bites, What’s the law?

One of the big news stories here in Memphis at the end of last week was about a pit bull attack that occurred in Cordova.

Here’s a quick synopsis of the story, but if you’re just wanting to know the law then scroll on down.

Helen Marshall was walking her son’s husky in her Cordova neighborhood last Thursday when three pit bulls attacked both her and her son’s dog. The Commercial Appeal reported that Mrs. Marshall had to be taken to The Med where she was treated for injuries caused by over 50 bites to her arms, legs and forearms.

It’s sad, but this type of event is not unknown to the Memphis community. Just this past September a young girl was hospitalized for dog bites she received in a dog attack, and in February of 2008 a mother was bitten by pit bulls while protecting her toddler as they were walking in Memphis’ Central Gardens neighborhood.

You’re probably wondering by now, “What’s the law in Tennessee regarding dog bites?”

Tennessee addresses dog attacks and dog bites in the Tennessee Code. Section 44-8-413 states that a dog must be kept under reasonable control and kept from running at large. A dog’s owner is liable for any injuries caused by a dog while that dog is in a public place or on someone elses’ private property.

The Tennessee code also states that the owner is liable even if the dog has never shown any “dangerous propensities” before.

There are exceptions to this liability however. The dog’s owner has NO liability to the person who was bitten in any of the following situations.

1. The dog is a police or military dog and the bite happened during the dog’s official duties. (The injury has to occur to you while you are either committing, participating in, or are suspected of a crime.)
2. You are bitten while trespassing on the private, nonresidential property of the dog’s owner. (Think of a junk yard dog.)
3. You are bitten by a dog that is protecting his owner from your attack on him, or from your dog which is attacking him.
4. You were bit by a dog that was in a kennel, crate or some other type of enclosure.
5. You were bit after you enticed, disturbed, alarmed, harassed or provoked the dog.

There is also one more exception to this law.

• The owner of a dog is not liable for any damages for a bite if you are invited or guest by permission to his home, farm, or other non-commercial property unless the owner knew, or should have known of the dog’s “dangerous propensities”.

So what does that mean in the case of Mrs. Marshall and the bites she received from Andre Robinson’s three pit bulls?

Is Mr. Robinson liable for the injuries Ms. Marshall suffered and could she bring a lawsuit against him for her injuries?

Yes and Yes.

In this case Mrs. Marshall was walking her son’s dog in a public space and Mr. Robinson had allowed the dogs to run at large. It is uncontested that Mr. Robinson was the owner of the pit bulls and it is also uncontested that the pit bulls were the cause of Mrs. Marshall’s injuries.

All prerequisites are therefore met in regards to the dog owner’s liability. If Mrs. Marshall were to pursue a lawsuit against Mr. Robinson she would most likely win her case without difficulty.

If you have a question about a dog bite case or if you have been seriously hurt by someone’s “pet” give me a call or email me at James@LawFerrell.com

901-754-1340