Dog Bite Accidents in Memphis, Tennessee: Legal Insights, Statistics, and Major Cases

Dog bites can be physically, emotionally and financially devastating. In Memphis, TN understanding the laws surrounding dog bite injuries, the stats for 2023 and recent cases can be helpful for victims. This article will cover the laws surrounding dog bite accidents, stats for 2023 and major personal injury cases from the past 10 years to show how these cases are handled.

Memphis, TN Personal Injury Laws for Dog Bite Accidents

Tennessee’s laws for dog bite cases are important for those seeking justice after being bitten by a dog. Several laws govern liability and damages for both dog owners and victims.

Laws

Dog bite claims in Tennessee are governed by state law under TCA § 44-8-413. This statute outlines when a dog owner can be held liable for their dog’s injuries and how victims can get paid.

Strict Liability vs. Negligence

Tennessee has a strict liability rule in some dog bite cases. Under this rule if a dog bites someone in a public place or the victim is on private property legally, the owner is automatically liable. The victim doesn’t have to prove the dog had a history of aggression, just that the dog bit and it was unprovoked.

But Tennessee also allows negligence claims which may apply when strict liability doesn’t (e.g. if the victim was trespassing or provoked the dog). In negligence claims the plaintiff must prove the dog owner failed to control the dog or warn others of the danger which led to the bite.

History of Dog Bite Laws in Tennessee

Historically Tennessee’s dog bite laws followed the “one bite” rule which stated that owners were only liable for dog bites if they had prior knowledge of the dog’s aggressive tendencies. But that rule has changed over time especially as the strict liability doctrine became more widely accepted to protect victims’ rights. Today Tennessee’s laws balance both the strict liability and the traditional negligence standards so victims can get paid and dog owners are held accountable for their pets.

Defenses to Dog Bite Claims

Dog owners have several defenses to reduce their liability and these defenses can vary depending on the situation:

• Provocation: A common defense is that the victim provoked the dog and it bit. Provocation can be teasing, hitting or scaring the dog. If the defense can prove provocation it can reduce or eliminate the owner’s liability.
• Trespassing: Tennessee law recognizes property owners have the right to protect their land. If the victim was trespassing on the owner’s property at the time of the dog bite, that may bar the owner’s liability but there are exceptions for young children or where the attack is deemed excessive.
• Comparative Fault: Tennessee is a comparative fault state. This means if the victim was partially at fault for the incident (e.g. they were reckless around the dog) their damages could be reduced by the percentage of fault assigned to them.

Psychological and Emotional

Dog bite accidents are more than physical injuries, often leaving victims with long term emotional scars. Victims especially children can suffer from post traumatic stress disorder (PTSD), anxiety and fear of dogs after an attack. These psychological effects can take months or even years to address with therapy and emotional support so settlements and court awards need to consider these emotional damages along with physical injuries.

Victims will have daily anxiety especially when they see other dogs. The psychological trauma is even more severe in cases involving children who are physically smaller and more vulnerable to severe injuries and more susceptible to long term emotional distress after an attack. Studies show many children develop cynophobia (intense fear of dogs) after being bitten which can affect their daily lives.

Liability and Dog Owner Responsibility

Dog owners in Tennessee have a duty to control their dogs and keep others safe around them. This means:

• Keeping the dog restrained whether in public or private property.
• Not letting the dog run loose in public areas.
• Warning others if the dog has a history of aggression or behavioral problems.

If the owner fails to meet these responsibilities they can face severe legal consequences. If the court finds the owner was negligent in controlling their dog they can be liable for all damages to the victim.

Dog Bite Claims in Tennessee

1. Filing

In Tennessee victims of dog bites have one year from the date of the incident to file a personal injury claim (Tenn. Code Ann. § 28-3-104). You must file within this statute of limitations to preserve your right to seek damages. If you miss this deadline you will lose your legal rights and won’t be able to sue.

Proof of liability in a dog bite case requires substantial evidence. Victims should try to get as much documentation as possible including:

• Medical Records: Detailed reports of the injuries, treatments, surgeries and long term care.
• Photographs: Clear, time stamped photos of the injuries immediately after the bite and during recovery.
• Witness Statements: Statements from any witnesses who saw the attack, neighbors, bystanders, family members.
• Veterinary Records: Evidence of the dog’s vaccination history or prior behavioral problems including previous attacks reported to animal control.
• Police or Animal Control Reports: Official reports of the incident especially if the authorities were involved.

2. Settlement

Most dog bite cases go through a negotiation phase before litigation where both parties (usually represented by attorneys) try to settle the case. This is where the victim’s attorney and the dog owner’s insurance company talk to each other to reach a mutually agreeable settlement that compensates the victim for medical bills, lost wages, emotional distress and other damages.

Settlement amounts will depend on the severity of the injury and impact on the victim’s life. In some cases attorneys will consult with economic experts to estimate the victim’s future financial needs especially if ongoing medical care or therapy is required.

3. Litigation and Trial

If a settlement can’t be reached the case will go to trial. During trial both sides will present evidence and the victim’s attorney will prove the dog owner was negligent or that the strict liability rule applies. Expert witnesses such as medical professionals or animal behaviorists may be called to testify about the extent of the injuries and the dog’s behavior.

Trial can take months or even years depending on the case but can result in much higher damages if the victim wins.

Dog Bite Statistics in Memphis, Tennessee (2023)

Dog bites are on the rise in Memphis with many resulting in serious injuries. Here are the statistics for 2023:

Dog Bite Incidents

In 2023 there were 150 dog bite incidents in Memphis. These occurred in public spaces and private homes with dogs of all breeds and sizes.

Demographics of Victims

Of the incidents 40% of the victims were children under 12 which is in line with national statistics that show children are more likely to be severely injured in dog attacks. 60% of the victims were adults with a higher percentage of injuries to the elderly and postal or delivery workers.

Types of Injuries

• Minor (35%): Superficial bites that required minimal medical attention beyond first aid.
• Moderate (50%): Injuries that required stitches, rabies shots or treatment for infection.
• Severe (15%): Deep lacerations, fractures or permanent disfigurement that required surgery and long term therapy.

Breeds

No specific breed is responsible for most of the incidents but larger breeds like pit bulls, German shepherds and Rottweilers were involved in most of the severe attacks. But smaller breeds like Chihuahuas and Jack Russell terriers were also involved in bite incidents. Any dog can cause harm regardless of size.

Costs

Medical costs for dog bites can be astronomical. In Memphis the average cost to treat a dog bite injury was $2,500 for minor injuries to over $100,000 for severe injuries that required reconstructive surgery.

Beyond medical costs victims often lose wages due to time off work especially if they need extended recovery time. And psychological counseling costs can add up for those who suffer from PTSD or severe anxiety after the attack.

Notable Personal Injury Case: Smith v. Thompson

One of the biggest dog bite cases in the last 10 years in Memphis was Smith v. Thompson which set a precedent for how courts handle severe injury cases involving aggressive dogs.

Case

In 2016 Emily Smith visited a friend’s home when she was bitten by the friend’s Rottweiler which had a history of aggression. The dog was not restrained and Smith was bitten on her arms and legs and required multiple surgeries and extensive physical therapy. Smith sued the dog’s owner Mark Thompson for negligence and failure to control the dog and for violating the local ordinance that requires dangerous dogs to be leashed and muzzled in public areas.

Result

The court ruled in favor of Smith and awarded her $1.5 million in damages for her medical expenses, lost wages and ongoing therapy. This case shows the importance of following local ordinances and restraining dogs with a history of aggression. It also sets a higher standard for compensation when the dog owner is grossly negligent.

Dog Bite Accident Lawyers

Expert legal representation is key to winning dog bite accident cases. Lawyers will protect your rights and get you the compensation you deserve.

Case Review and Investigation

A thorough investigation is key to building a case. Attorneys will:

• Review medical records to determine the extent of the injuries.
• Get witness statements and previous complaints about the dog.
• Investigate the dog owner’s history and the circumstances of the attack.

Expert Witness

Medical professionals and animal behaviorists may be called to testify about the severity of the injuries and the dog’s behavior. This testimony can be key to proving negligence or prior knowledge of the dog’s aggression.

Settlement and Litigation

Attorneys will negotiate with the dog owner’s insurance company to get a fair settlement. If that doesn’t work they will prepare for trial and present evidence and expert testimony to get justice for the victim.

Ongoing Client Support

Throughout the process attorneys will support and guide clients so they understand their rights and can make informed decisions.

Bottom Line

Dog bites in Memphis, Tennessee are complex legal matters requiring knowledge of state laws, local ordinances and personal injury laws. By looking at the laws, the statistics and the big cases victims can better navigate the system and get fair compensation for their injuries.