How Dog Breeds Affect Liability in Dog Attack Cases in Tennessee
When it comes to liability in dog attack cases, many people wonder: Does the breed of the dog matter?
The short answer is yes… but maybe not in the way you think.
In Tennessee, liability in dog attack cases is based more on the behavior of the dog and the actions of the owner than on the breed alone. However, certain breeds can play a role in how cases are handled, especially where the insurance companies or courts are involved.
The Law Focuses on Behavior, Not Breed
Tennessee law doesn’t single out specific breeds when it comes to dog bite liability. Whether you were bitten by a Chihuahua or a Rottweiler, the law looks at the facts:
- Where did the attack happen?
- Were you legally allowed to be on the property?
- Was the dog off-leash in a public space?
- Did the owner know the dog was dangerous?
So while breed can influence how people react or perceive a case, it’s not the deciding factor in whether a person gets compensation. The case is based on what happened, not just what kind of dog did it.
Breed Stereotypes Can Still Influence Your Case
That said, breed stereotypes can have an effect – especially in court or when dealing with insurance companies.
Dogs like pit bulls, German shepherds, Dobermans, or Rottweilers are often labeled as “dangerous breeds.” If your injuries were caused by one of these breeds, an insurance adjuster might assume the dog had a history of aggression.
On the flip side, if the dog was a small or less “threatening” breed, they might try to downplay the seriousness of your injuries.
As your lawyer, I work hard to push past these stereotypes and focus on the facts: your injuries, the negligence of the dog owner, and your right to recover what you deserve.
Previous Behavior Matters More Than Breed
In Tennessee, a dog’s past behavior is far more important than its breed. So we always look at this information as we build your case.
If the dog has a history of biting, attacking, or acting aggressively, the owner may be held strictly liable – even if the attack happened on their private property. This is especially true if the owner failed to take proper precautions, like fencing the yard, using a leash, or warning visitors.
If you can prove the dog had a known history of aggression, it can strengthen your case, regardless of the breed.
Some Insurance Companies Exclude Certain Breeds
Another issue you might face is insurance. Some homeowners’ insurance policies won’t cover attacks from specific breeds. That doesn’t mean you’re out of luck, but it can complicate the case.
As your lawyer, I’ll investigate every possible source of compensation, including the dog owner’s personal assets or other types of liability coverage.
What You Should Do After a Dog Bite, No Matter the Breed
No matter what kind of dog bit you, the steps after an attack are the same:
- Get medical help right away
- Report the attack to animal control
- Take photos of your injuries and the scene
- Get the dog owner’s contact information
- Speak to a lawyer before talking to insurance companies
If after the attack, you were unable to do some of the above, still come and see us. We can investigate on your behalf, and there’s no charge (in fact, we don’t win anything unless and until we win your case). So it costs you nothing to get professional help.
Let’s Talk About Your Case
Dog attacks are scary, painful, and often traumatic. If you’ve been hurt, don’t let the breed of the dog, or the assumptions people make about it, stand in the way of justice.
I’ve helped clients across Memphis win cases involving all types of dogs, and I’m here to fight for you too.
Call me today at 901-327-2100 or reach out online for a free consultation, and let’s talk about your legal options. Whether it was a so-called “dangerous breed” or the neighbor’s small family pet, you deserve answers for your injuries.