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Animal Attacks

Tennessee Dog Bites: The Type of Animal May Affect Your Injury Claim

December 14, 2017

Tennessee Dog Bite Attorneys
Your legal rights depend on the type of animal that hurt you.

Dogs

Most states have passed laws that are known as “dog bite laws.” Dog bite laws impose what is known as “strict liability” on dog owners for harm caused by their dogs. Strict liability means that the dog owner is liable for injuries caused by their dog, regardless of whether the owner was actually at fault.

Dog bite statutes provide a significant legal advantage to people harmed by dogs. In states that do not have such laws, an injured person has to prove that the dog owner knew (or should have known) that his/her dog was vicious and could hurt someone. Under strict liability dog bite law, however, the plaintiff only needs prove that the dog bit him/her.

However, an injured party could be barred or limited from getting his or her full damages (even under a dog bite law), if the dog owner shows that the injured person provoked the dog, or was trespassing. Generally, in states with dog bite laws, a person attacked by a dog will have an easier time proving his or her legal case than a person bitten by any other animal.

To find out whether your state has a specific dog bite statute, you should call our office for help today.

Horses and Domestic Animals

Most injuries from horses are caused by kicks, not bites, which are the most common cause of injury from dogs. Most states do not have specific laws for injuries caused by horses. As a result, injuries caused by horses commonly are treated as are injuries caused by other domestic animals, under standard rules of negligence. Thus, the owner of a horse will usually be held accountable for injuries caused by the horse if the owner knew or had reason to know of the horse’s dangerous nature. Also, like other animal cases, a horse owner may not be responsible for injuries if the owner can prove the injured person “assumed the risk,” was “contributorily negligent,” or provoked the horse.

Wild Animals

People who own or keep wild animals are subject to strict liability in the same way that dog owners are liable for dog bites under dog bite laws. The reason being, that the act of keeping an animal that, by its nature, is potentially harmful is considered inherently dangerous. Thus, even if the owner of a wild animal goes to extreme measures to keep people from his animal (such as building high fences), if the animal hurts someone, the owner of the animal can be held liable regardless of the effort he or she took to protect others.

Conclusion

The type of animal that harms you can affect your rights. To find out if your state has specific “dog bite laws” or other animal specific laws, call our office today.

If you or a loved one has been hurt by a dog bite or other animal related injury, please call our injury 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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Tennessee Dog Bites: Proving Knowledge of an Animal’s Vicious Propensities

September 19, 2017

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.

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.

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.

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Tennessee Dog Bites: Payment of Damages in Animal Bite Cases

July 26, 2017

Homeowner’s Insurance

In most cases, an animal owner’s homeowner’s insurance policy will cover damages from dog bites (and injuries caused by other common household pets) that occur on the owner’s property or while the dog is under the owners control. A common amount of liability coverage in homeowner’s policies is between $100,000 and $300,000.

Animal Insurance

There are also specialty insurance companies that provide insurance for pet owners. Many homeowner insurance companies don’t cover dog bites after one incident. As a result, a pet owner often has no choice but pay for coverage from an insurance company that specializes in animal coverage.

No Insurance

If an animal owner does not have insurance that covers animal bites, you are still entitled to bring a legal claim against the owner of the animal to settle damages. If you are nervous, keep in mind that if the person liable for your injury does not pay your medical bills and compensate you for your lost income, which could be significant, you will bear these losses alone.

Conclusion

In many cases, animal owners have insurance that will cover animal bites, enabling an injured person to receive just compensation for his or her damages, without causing the animal owner financial hardship. If you have questions about who will pay for your injury, call a qualified lawyer for more information.

If you or a loved one has been hurt by a dog bite or other animal related injury, please call our Tennessee injury 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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