Legal Question in Personal Injury in Tennessee

Can owner of property and dog be sued

My husband an I are homeowners and the owners of 2 dogs. If someone were to enter onto the property (uninvited) and are bitten, are we or can we be held liable?


Asked on 9/16/00, 8:06 pm

1 Answer from Attorneys

David Waldrop Holley, Waldrop, Nearn & Lazarov P.C.

Re: Can owner of property and dog be sued

Have your dogs ever bitten anyone before? Do you have any notice that your dogs are vicious? If not, under Tennessee law your dogs are entitled to one free bite. After this free bite, you are on notice of your dog's vicious nature and therefore will be liable for personal injuries and damages resulting from a bite. You must take reasonable steps to ensure your dogs do not get out and your yard is fenced so no one can get into your yard where the dogs are located. For example, a child may not appreciate the danger of your dogs and could wonder onto your property and be attacked by your dogs. This is why you need to have your yard fenced to keep children out.

Your homeowners insurance should cover any bite by your dogs provided the insurance company has notice of your dogs. You should have medical pay on your insurance policy for persons injured on your property regardless of the reason.

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Answered on 10/17/00, 9:30 am


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