“Killa” at the Birthday Party
Q: Who is responsible for a dog bite injury if the dog was provoked?
When the confetti settled after a birthday party gone awry, there were two different bleeding bite wound victims. One was the guest of honor. The other was “Killa”, the pit bull that bit him.
Tennessee Dog bite injuries are not uncommon. But humans biting dogs…now, that’s pretty rare.
Reportedly, there was “an altercation” between the birthday boy–or man in this case– and Killa’s female owner, who was a guest at the party. There was allegedly glass-slamming, liquor-dumping, and butter knife-wielding by the woman. Reportedly, when the party pooper was asked to go and refused, the homeowner grabbed her arm– which may have prompted Killa to attack him. In the scuffle, a mystery human actually bit the dog on its head, drawing blood.
Tennessee dog bite laws are complicated. In some cases strict liability applies, but in others one bite liability is the rule.
The one bite rule holds the dog owner liable for injuries on the dog owner’s owned or leased property, but only if the owner knew or should’ve known the dog was dangerous because it had bitten a person once before.
Strict liability, as the name implies, holds the dog owner responsible for dog bite injuries that occur in places other than the dog owner’s property regardless of whether the owner was aware of the animal being dangerous. However, relevant factors for consideration in strict liability situations include whether the animal was under reasonable control and whether the victim provoked the attack. In the case at hand, the issue of whether the homeowner grabbing the dog owner’s arm constituted provocation is subject to interpretation.
To prevail in a dog bite case, you must prove ownership of the dog and that the bite resulted in an injury. The seriousness of your injury and any role you may have played in contributing to the injury can affect the amount of compensation you’ll be awarded. Generally, recoverable damages include medical expenses, lost income, pain and suffering, and property damage, depending on each case.
If you or a loved one has been seriously injured by a dog bite, or any other kind of personal injury, the Law Offices of Chadwick and Tignor, P.C. can help you obtain the compensation you deserve. With offices in Spring Hill and Mt. Juliet Tennessee, we represent clients throughout Williamson County and the middle Tennessee area. Call our office today for a free consultation at 615-379-7900.
Posted in: Dog Bite