Tennessee Animal Attack Lawyers
According to State Farm Insurance, dog bite victims suffer over $1 billion in monetary losses every year. If you believe you have suffered economic harm as a result of a dog bite, contact our experienced attorneys today.
Dog and Animal Attacks in Tennessee – An Overview
Annually, millions of Americans are bitten by animals. In fact, in 1994, over 4.7 million people were bitten by dogs alone. In many cases, a person bitten by a dog may have the right to recover damages from the animal’s owner or another responsible party.
If You are Bitten by a Dog or Domestic Animal
First, you should seek medical attention immediately and call our law firm. If you are not treated, a dog bite can cause serious injury or fatality. Once you have been medically treated, you should also consider consulting with a lawyer skilled in animal bite cases. Our law firm will be able to tell you whether you have a legal claim, and what damages you may be able to recover.
An attorney will ask you for information about the details surrounding your animal bite. At the least, you should provide the name and phone number of the animal’s owner. If you don’t have this information, a neighbor or a witness might be able to help you. Also, if there were witnesses, you should gather their names and contact information as well.
Owner Liability for Dog Bites
If a dog bites you, you will need to know who is the owner of the animal. In Tennessee, the owner of a dog can be held responsible for the injuries it inflicts, provided that the owner knew (or had reason to know) that the animal had “dangerous propensities.” In other words, if a dog owner knows that his or her animal is dangerous and could cause harm to an individual, the animal owner can be held liable for the animal’s harmful actions.
Determining whether an owner knew of an animal’s “dangerous propensities” can be hard. The first question that often arises in making this determination is whether the owner knew of the particular animal’s potential for harm, or whether the owner only knew that type of animal is potentially harmful. For example, when someone has a pit bull as a pet, does that mean the owner knows or should know the pet will be harmful, just because, in general, pit bulls can be harmful?
Most courts have said that a dog owner is responsible for both the particular and general potential for his animal to cause harm. Thus, even if a pit bull owner had never seen his pet act violently, he might still be liable for an attack by the dog because of the propensity of pit bulls in general to be dangerous animals. In such a situation, the owner is said to have “constructive notice” of the animal’s harmful propensities.
Additionally, sometimes an animal’s harmful nature may be inferred from the circumstances of the attack. For instance, if a trained guard dog attacks someone, a judge or court could say that the owner knew or should have known the dog would attack someone who entered the guarded area.
Potential Defenses in Dog Bite Cases
There are times when an owner of a vicious animal might try to block responsibility for an attack by the animal. For example, if the animal owner let others know that the dog was dangerous, and took measures to keep the animal restrained, a person who ignored the owner’s warnings and was hurt by the animal might not successfully sue the owner. In legal terms, the injured person’s actions are known as “contributory negligence” or “assumption of the risk.” An injured person is contributorily negligent when he or she is careless with his or her safety that an ordinarily prudent person would be aware of under similar circumstances. For example, if a person climbs over a fence and is hurt by a dog on the other side, a jury could decide not to hold the dog owner liable if they believed that a normal person would not have done so.
A dog owner might also be innocent if the injured person “assumed the risk” of an attack by the animal. If the owner can prove the person bitten by his or her animal had actual knowledge of the risk of danger from the animal, but voluntarily submitted to that risk, a court can bar the injured person from recovering damages. For example, if the owner puts up a “Beware of Dog” sign, and a person ignores this sign and gets bitten by the dog, the owner might not be liable for that person’s injury. If the animal owner is claiming either “assumption of risk” or “contributory negligence,” however, the owner has the burden of convincing the jury otherwise.
A dog owner can also argue that the injured party provoked the animal, and this may be a way for the owner to avoid responsibility. For example, if a person makes a threatening gesture toward an animal, and the animal attacks, this could throw out the owner’s liability.
The relationship between the owner and the person attacked can also affect the owner’s liability. For example, if the owner invites someone over to his/her property, and the invited person (known legally as an “invitee”) is injured, the owner can be held responsible if he/she did not warn the invitee of the potential risks. On the other hand, if someone is trespassing on the owner’s property, the owner will probably not be responsible for animal bites sustained by the trespasser (unless the injury is intentionally caused by the owner).
Other Potential Responsible Parties
Animal owners are not the only people who can be blamed for animal bites. Here are a few common scenarios where someone other than a dog owner could be held accountable for a dog bite:
Animal Keepers: Anyone who is responsible for the care or custody of a dog may be considered an owner or keeper and can be held responsible for a dog bite. Examples include kennels, a pound, or a dog sitter.
Parents of Minors: Even if a person under 18 years of age owns the animal at issue, in many states, an injured person can bring a legal claim against the minor’s parents, even if the parents had no involvement with the animal.
Property Owners: A property owner can be liable for injuries caused by a dog the property owner has allowed onto his or her property.
Landlords: If an apartment landlord knew (or should have known) that a tenant owned a dangerous animal, the landlord may also be liable for animal bite injuries.
What Damages Can You Recover?
Depending on the seriousness of the injuries caused by the dog attack, you may be entitled to recover for:
Medical expenses
Scarring and disfigurement
Lost wages
Pain and suffering
Property damage.
In some cases, you may also win punitive damages. Punitive damages are awarded to punish someone for his or her actions. To justify an award of punitive damages, the wrongdoer’s behavior usually must be more than careless, such as reckless or intentional conduct. For example, if a dog owner knew his dog was very dangerous, yet repeatedly allowed the dog to roam near a school, and the dog hurt a child, a jury could conclude that punitive damages were appropriate. The amount of punitive damages is not necessarily related to the actual damages one sustains but, rather, to how bad the owners actions were.
Conclusion
If a dog or other animal has bitten you, you may be receive damages as a result of this injury. Determining your legal rights, however, can be tricky. It may be unclear who you should bring a claim against, and to what sort of damages you can claim. To ensure that you receive just compensation, you should consider contacting a skilled attorney who has dealt with animal bite cases before.
If you or a loved one has been hurt by a dog bite or other animal related injury, please call our lawyers today. We offer free reviews and work on a contingent fee basis, which means that there is never a fee unless we successfully settle your case.
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Tennessee Auto Injury Lawyers
Some studies suggest that 1/3 to ˝ of all drivers have no insurance, completely disregarding Tennessee’s auto insurance requirements. These individuals either fail to, or cannot afford to pay for insurance, or they carry insufficient insurance. Uninsured motorist coverage is a form of insurance that pays for bodily injury resulting from an accident with a driver who is legally responsible for the damages but has no liability coverage. Underinsured motorist coverage pays for a bodily injury stemming from an accident with a driver who has liability insurance with limits that are lower than the injured party’s claim value. If you have been involved in an accident with an uninsured or underinsured driver, it is important that you consult with an attorney at an experienced personal injury law firm as soon as possible so you do not waive valuable legal rights.
Uninsured Motorists
Typically, uninsured motorist coverage protects injured parties if the at-fault party has no insurance. Uninsured motorist coverage can also be useful when someone is injured in an accident with an unidentified hit-and-run vehicle. If a person has uninsured motorist coverage and is in an accident with an uninsured motorist, he or she can collect from his or her insurance company to recover damages. If you are involved in an accident with an uninsured motorist, you should talk to an experienced personal injury attorney before you file a claim with your insurance company to ensure that you obtain all of the coverage available to you.
Underinsured Motorists
Underinsured motorist coverage provides compensation for injured parties when the at-fault party does not have enough insurance coverage to compensate the injured driver in full for his or her injuries. An “underinsured motorist” is generally a person who is liable for the damages, but who has opted to purchase only the minimum policy required by law. If a person who has purchased underinsured motorist coverage is in an accident with an underinsured motorist, he or she may be able to collect from his or her insurance company to recover damages that are greater than the liable party’s limits. There is never a negative outcome on your own coverage, either with higher rates, or being dropped from coverage.
Collecting benefits
In order to collect underinsured or uninsured motorist benefits, a person generally must first establish that the underinsured or uninsured driver was at fault and that he or she suffered significant damages. In the case of underinsured motorist benefits, the injured person must also collect the at-fault driver’s policy limits before collecting under his or her own insurance policy. An insurance company is usually entitled to a credit for any recovery received from the underinsured motorist’s policy.
Stacking Insurance Coverage
Uninsured and underinsured motorist protection is “stackable” in Tennessee. Stacking uninsured or underinsured motorist coverage may allow a person to add together either insurance coverage from several auto policies or insurance coverage from family members.
Conclusion
Uninsured and underinsured motorist coverage protects a person if someone who does not have adequate insurance harms him or her in a car accident. If you are in a collision with someone who is uninsured or underinsured, do not settle with the other driver’s insurance company without first contacting our law firm. Some underinsured motorist policies do not have to pay if the insured person has settled with the other driver’s insurance company without first obtaining consent to settle. This can be a very risky mistake. Ensure your rights, contact our firm today. A lawyer can provide you with the information and support you need to obtain the best result available to you.
If you have been hurt in an auto accident, please contact our lawyers today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully settle your case.
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