Memphis Dog Bite Injury Lawyers

T.C.A. § 44-8-413 is Tennessee’s primary dog bite statute. It imposes “strict liability” on a dog owner if their dog injures someone in a public place or while the person is lawfully on private property. This is different from a traditional “one-bite rule,” which would require a victim to prove the owner knew the dog was dangerous. Under strict liability, the owner is responsible even for a first bite, regardless of prior knowledge of the dog’s propensities [1].

This is a critical distinction in Tennessee law. If you are bitten on the owner’s residential property, the “residential exception” applies. The strict liability rule is replaced by a standard requiring you to prove the owner “knew or should have known” of the dog’s dangerous propensities. This makes your case more challenging, as you must find evidence of the owner’s prior knowledge of the dog’s aggressive nature. Our investigators specialize in uncovering this type of evidence [1].

If the dog was “running at large” (uncontrolled by its owner off their property), you have a very strong case. The owner is in violation of both state law (T.C.A. § 44-8-408) and local Memphis ordinances, which constitutes negligence per se [5, 6]. Furthermore, the strict liability statute (T.C.A. § 44-8-413) directly applies, making the owner liable for the injuries their uncontrolled dog caused [1].

Yes, you should always report a dog bite. Reporting the incident to Memphis Animal Services (901-545-2677) and the Shelby County Health Department creates a crucial official record [3, 4]. This report is not only vital for your legal case but also for public safety. It ensures the dog is quarantined to check for rabies and documents the event with a neutral, third-party authority.

Yes, cases involving children are handled with special care. A child’s testimony can be compelling, and juries are often very sympathetic to young victims. Furthermore, damages can be more significant, as a facial scar or a newfound fear of dogs can affect a child for the rest of their life. Any settlement for a minor must be approved by the court to ensure it is in the child’s best interest, and the funds are typically placed in a protected account until the child turns 18.

In Tennessee, you have a very strict one-year statute of limitations to file a lawsuit for a personal injury claim, including a dog bite (T.C.A. § 28-3-104) [2]. If you miss this deadline, you will be barred from recovering any compensation. It is absolutely critical to contact an attorney long before this deadline expires.

Insurers deny claims for many reasons, often citing policy exclusions for certain breeds or a failure by the owner to disclose the dog. This is not the end of the road. We will thoroughly review the policy and the denial letter. Often, we can successfully challenge the denial or find other avenues for recovery, including filing a lawsuit directly against the owner’s personal assets if necessary.

This is a medical question you must discuss with your doctor. Rabies is nearly always fatal once symptoms begin, so treatment is taken very seriously. If the dog cannot be located or is a wild animal, your doctor will likely recommend post-exposure prophylaxis (a series of shots) as a precaution. If the dog is located, it will be quarantined for 10 days to observe for signs of rabies [8].

The 10-day quarantine is a mandatory observation period for any dog that has bitten a person in Tennessee. It is overseen by the Shelby County Health Department [4]. If the dog remains healthy for those 10 days, it is proof that it did not have rabies at the time of the bite. This allows the victim to avoid unnecessary and expensive rabies shots.

This is a difficult situation. If the dog owner has no homeowner’s or renter’s insurance and few personal assets, collecting a judgment can be challenging. However, we will conduct a thorough asset check to determine if there is a path to recovery. It is always worth investigating before giving up.

Absolutely. Compensation for permanent scarring and disfigurement is a major component of dog bite damages. We work with plastic surgeons and other experts to document the severity of the scarring and the cost of future scar revision procedures. We also emphasize the lifelong emotional distress and psychological harm caused by a visible scar.

Pain and suffering is a legal term for the physical pain and emotional distress you have endured. We document this through your medical records, photographs of your injuries, your own testimony about how the injury has impacted your daily life, and reports from mental health professionals if you are suffering from PTSD or anxiety.

Not necessarily. Filing a civil claim for compensation is separate from any action taken by Memphis Animal Services. A dog is typically only euthanized if it is declared vicious or has a history of unprovoked, severe attacks. Most of the time, the consequence for the dog is a 10-day quarantine and a designation as a dangerous animal, which may require the owner to take extra precautions.

This is a standard defense. The owner will argue you provoked the dog to trigger Tennessee’s 50% comparative fault bar [7]. It is crucial that you do not speak to the owner or their insurer. Our job is to gather evidence to counter this claim, such as witness statements and your own testimony, to prove that you did nothing to justify the attack.

Trespassing can be a valid defense for a dog owner. Under T.C.A. § 44-8-413, the strict liability statute does not apply if you were trespassing on the owner’s private, nonresidential property [1]. If you were on residential property, your status as a trespasser could still be used to argue you were at fault. However, the specific facts matter, and you should still consult an attorney.

In some situations, yes. If a landlord knew that a tenant was keeping a dangerous dog on the property and did nothing to address the hazard, the landlord could be held liable for an attack, especially in common areas of an apartment complex. These are complex cases that require a thorough investigation.

Yes. You are entitled to be compensated for all financial losses caused by the bite. This includes any time you missed from work, as well as the projected cost of any future medical care, such as physical therapy or scar revision surgery. We work with economic and medical experts to calculate these future losses.

Take as many photos as possible, from different angles. Photograph your injuries immediately after the bite, after they have been cleaned, and throughout the healing process. Also, take pictures of the location of the attack, any bloodstains, and your torn clothing. You cannot have too much photographic evidence.

No. At Southern Injury Attorneys, we work on a contingency fee basis. This means you pay us nothing upfront. We only get paid if we win your case, either through a settlement or a jury verdict. Our fee is a percentage of the total recovery. This is our “No Fee Unless We Win” promise.

No. You should never speak to the other party’s insurance company or give a recorded statement without your attorney present. Their job is to pay you as little as possible, and they are trained to ask questions that will hurt your case. Politely decline to speak with them and refer them to your lawyer.

Yes. Thanks to Tennessee’s strict liability statute, if you were bitten in a public place or lawfully on private property (that is not the owner’s residence), the owner is liable even if the dog had never bitten anyone before [1].

It means exactly what it says. You will not pay any attorney’s fees unless and until we successfully recover money for you. We advance all the costs of litigation, and if we do not win your case, you owe us nothing. This allows everyone to have access to justice, regardless of their financial situation.

Infections from dog bites are unfortunately common and can be very serious. Bacteria such as Pasteurella, Staphylococcus (including MRSA), and Capnocytophaga can be introduced into the wound. If you develop an infection, it significantly increases the value of your case because it demonstrates the severity of the injury and the need for additional medical treatment, including antibiotics, wound care, and possibly hospitalization. Always seek immediate medical attention if you notice signs of infection such as redness, swelling, warmth, pus, or fever.

A medical lien is a legal claim against your settlement by a healthcare provider or insurance company that paid for your initial treatment. Common lienholders include your health insurance company, Medicare, Medicaid, and TRICARE. These entities have a right to be reimbursed from your settlement for the medical expenses they covered. However, our attorneys are skilled negotiators who can often reduce the lien amount, which means more money stays in your pocket.

Memphis has specific ordinances that define dangerous and vicious animals. A “dangerous animal” is one that has aggressively bitten or attacked a person, severely injured or killed someone, been used for dog fighting, or attacked another domestic animal [5]. A “vicious animal” is one that has attacked and bitten a person without provocation or has been trained for dog fighting. Owners of dogs classified as dangerous or vicious must comply with strict containment and control requirements.

Mail carriers and delivery drivers are at high risk for dog bites. The U.S. Postal Service reported over 6,000 dog attacks on its employees in 2024 [10]. When a postal worker or delivery driver is bitten while performing their job duties, they have a strong legal claim. The “residential exception” is less likely to apply because these workers are lawfully on the property for a legitimate business purpose. These cases often involve both a workers’ compensation claim and a third-party liability claim against the dog owner.

A “claim” is the initial demand for compensation that we make to the dog owner’s insurance company. This is done through a demand letter and settlement negotiations. If the insurance company refuses to offer a fair settlement, we then file a “lawsuit,” which is a formal legal action in court. Most cases settle before going to trial, but filing a lawsuit shows the insurer we are serious and prepared to take the case all the way.

Service animals are specially trained to assist individuals with disabilities, and they are generally well-behaved. However, if a service animal attacks someone without provocation, the handler can still be held liable under Tennessee law. The fact that the dog is a service animal does not provide immunity from liability if the animal causes harm.

This is a common and heartbreaking scenario. If your child was bitten while visiting a friend’s house, the “residential exception” will likely apply, meaning you must prove the dog owner knew or should have known the dog was dangerous. However, children are often given more protection under the law, as they may not understand the risks of interacting with a dog. We will thoroughly investigate whether the owner had prior knowledge of the dog’s aggressive tendencies.

Apartment complex dog bite cases can involve multiple liable parties. The dog owner is the primary defendant, but the landlord or property management company may also be liable if they knew about a dangerous dog and failed to take action, especially if the bite occurred in a common area like a hallway, parking lot, or playground. We will investigate the lease agreement and any prior complaints to determine all potentially liable parties.

Surveillance footage from security cameras can be invaluable evidence, showing exactly how the attack occurred and disproving any claims that you provoked the dog. Similarly, statements from neighbors who have witnessed the dog’s aggressive behavior in the past can help prove the owner had prior knowledge of the dog’s dangerous propensities, which is critical in cases involving the residential exception.

Capnocytophaga is a type of bacteria found in the mouths of dogs and cats. While most people who are exposed do not become ill, individuals with weakened immune systems are at high risk for severe infection, including sepsis. This includes people who have had their spleen removed, those with liver disease, heavy alcohol users, and individuals undergoing chemotherapy [11]. If you fall into one of these categories and are bitten, seek immediate medical attention.

“Provocation” is one of the most common defenses in dog bite cases. The owner will claim that you teased, hit, or otherwise provoked the dog, which caused it to bite. Under Tennessee law, provocation can reduce or eliminate your recovery. However, the burden of proof is on the owner to prove provocation. We will gather evidence, including witness testimony and your own account, to show that you did nothing to justify the attack.

Yes. If the dog owner is criminally charged under T.C.A. § 44-8-408 for allowing their dog to run at large, this is powerful evidence in your civil case [6]. A criminal conviction or even a citation can be used to demonstrate that the owner violated the law and was negligent. This strengthens your claim and can lead to a higher settlement.

While the one-year statute of limitations is the most critical deadline, there are other important time limits. For example, you should report the bite to Memphis Animal Services and the Shelby County Health Department as soon as possible. Additionally, if you are making a claim against a government entity (such as if the dog was owned by a city employee), there are much shorter notice requirements, sometimes as short as 90 days. This is why it is so important to contact an attorney immediately.

The timeline for settling a dog bite case varies greatly depending on the complexity of the case and the severity of your injuries. Some cases settle in a few months, while others may take a year or more, especially if you are still receiving medical treatment. We will not rush to settle your case until we are confident that we have fully documented all of your injuries and future medical needs.

We file a lawsuit when the insurance company refuses to offer a fair settlement that fully compensates you for your injuries. Filing suit is a strategic decision that shows the insurer we are prepared to take the case to trial. In many cases, filing a lawsuit leads to a better settlement offer because the insurance company realizes we are serious.

This is an emotionally difficult situation. It is important to understand that you are not suing your family member personally; you are making a claim against their insurance company. The insurance company is there to cover these exact situations. We handle these cases with sensitivity and discretion, and in most cases, the family relationship can be preserved while you still receive the compensation you need.

Yes. If you are suffering from PTSD, anxiety, depression, or other psychological trauma as a result of the dog attack, the cost of therapy and counseling is a recoverable damage. We will work with your mental health provider to document your treatment and include these costs in your demand.