Tennessee Dog Bites:
Proving Knowledge of an Animal's Vicious Propensities
Injury Lawyers,
In
Tennessee,
unless the animal is considered dangerous, the injured person usually
must show that an animal owner knew (or had reason to know) that his/her
animal was harmful, having what is known as "vicious propensities," in
order to recover damages from the owner. There are many warning signs
that may indicate an animal is dangerous.
The following list describes some of the more common factors that
can be used to prove an owner knew or should have known of his/her
animal's vicious propensities. Keep in mind that this is not a complete
list, and simply proving one of item below does not mean a victory.
Breed and Size of Animal:
Generally, the larger the animal, the greater the chance that the animal
can cause injury. The species and breed of an animal may also be
relevant if you can prove that, as a general rule, that breed has a
propensity toward viciousness.
Purpose for Which the Animal is Kept:
If an animal is kept for protection, and is trained to attack unknown
people, it can be inferred that its owner knew or should have known it
might attack someone.
Frequent Snapping and Biting:
A history of aggressive behavior can be used to demonstrate that the
owner had knowledge of the animal's vicious propensities.
Complaints Brought to Owner's Attention:
If people previously complained to the owner, and the owner did nothing
(or didn't do enough) to prevent future attacks, this can be used as
evidence that the owner knew the animal could be dangerous.
Fighting with Other Animals:
Even if an animal had not attacked a human before, if it had fought with
other animals, this may be useful in proving its vicious nature.
Frequent Confinement of the Animal:
If the owner keeps the animal locked in a cage, or on a tight leash or
chain, this may indicate the owner's awareness that the animal might be
dangerous.
Occasional Muzzling of the Animal:
Particularly with respect to dogs, if an owner muzzles an animal on
walks or at times when people are near the animal, this can be proof
that the owner is aware of the animal's dangerous nature.
Warning Sign on Owner's Premises:
If an animal owner puts up warning signs (such as "Beware of Dog"), an
injured person can use this fact to establish the owner's knowledge of
the animal's viciousness.
Statements by Owner as to Animal's Character:
Any statements made by the owner of the animal about past fights,
aggressive behavior, or previous bites are relevant to the owner's
knowledge regarding the likelihood of future attacks.
Owner's Warnings to Strangers About Animal:
Verbal warnings to others potentially show that an owner is worried the
animal might cause harm to others.
Consider all the factors and talk to people in the neighborhood
where the animal lives to learn more about the animal's past, which
might help support your case significantly.
For immediate assistance, call us toll-free at
1-877-871-4097.
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