Dangerous Dog Breeds

Dog attacks are traumatic events that often leave lasting physical and emotional injuries. While any dog can bite under the right—or wrong—circumstances, certain breeds are statistically more likely to inflict serious harm. Understanding how Tennessee law approaches the issue of dangerous dog breeds is essential for both victims and dog owners. At The Law Offices of John Day, P.C., we represent individuals throughout Nashville, Davidson County, Brentwood, Murfreesboro, and surrounding communities who have been harmed in serious dog attacks. We help clients navigate the legal complexities that can arise when certain dog breeds are involved. If you or a loved one has been bitten or attacked, you can contact us at (615) 742-4880 for a free consultation.

The Debate Around Breed-Specific Risk

There is ongoing public debate about whether certain dog breeds are inherently more dangerous than others. Breed alone does not determine aggression, but studies consistently show that some types of dogs are more likely to cause severe injuries or fatalities when attacks do occur. The breeds most commonly cited in injury and fatality statistics include Pit Bulls, Rottweilers, German Shepherds, Doberman Pinschers, Huskies, Presa Canarios, and Cane Corsos. Pit Bulls, in particular, are responsible for a disproportionately high number of fatal dog attacks in the United States.

In a 2021 report by DogsBite.org, it was noted that Pit Bulls accounted for more than 60% of all dog bite-related deaths over a 15-year period, despite comprising a relatively small percentage of the total dog population. Rottweilers were the second most commonly involved breed. These statistics are cited by advocates of breed-specific legislation (BSL), although opponents argue that behavior is influenced more by environment, training, and ownership than breed alone.

Regardless of where one stands in this policy debate, Tennessee law does not impose liability based on breed alone. Instead, the legal analysis focuses on the dog’s behavior, the owner’s knowledge of that behavior, and whether the animal was properly controlled.

Tennessee’s Legal Approach to Dog Bite Liability

Tennessee law does not single out specific dog breeds as inherently dangerous or unlawful to own. Instead, liability for injuries caused by dogs is governed primarily by Tennessee Code Annotated § 44-8-413, known as the “Donna Acklen Act.” Under this statute, a dog owner can be held strictly liable when their dog, while not under reasonable control or not confined, causes injury to a person who is in a public place or lawfully in a private place.

However, if the incident occurs on the dog owner’s private, residential, enclosed premises, strict liability does not apply unless the owner knew or should have known of the dog’s dangerous propensities. This is sometimes referred to as the “residential exception.” In such cases, victims must prove that the owner was negligent under a common-law standard, including awareness of previous aggressive behavior or prior bites.

Breed may become relevant under this analysis—not because of a statutory presumption—but because certain breeds are more likely to be known to law enforcement or animal control due to prior reports. If an owner has a dog breed with a documented history of aggression or has received complaints or warnings, they may be deemed to have knowledge of potential danger.

When Breed May Influence Liability

Although Tennessee does not recognize breed-specific laws at the state level, municipalities may have their own ordinances that restrict or regulate ownership of certain dog breeds. For example, some cities or counties in Tennessee may impose heightened requirements for the confinement, leashing, or muzzling of breeds such as Pit Bulls or Rottweilers. If a dog owner fails to comply with a local ordinance, that violation may serve as evidence of negligence per se—a legal doctrine that allows a plaintiff to prove negligence simply by demonstrating that a law or regulation was violated and that the violation caused the injury.

Additionally, if a dog has previously bitten someone or has been deemed a “dangerous dog” or “vicious dog” under a local classification, the owner may be subject to stricter standards of care. Owners of dogs with such designations must usually meet specific containment and insurance requirements, and failure to do so may increase their liability in the event of a new attack.

In cases where a known high-risk breed is involved in an attack, courts may be more inclined to find that the owner acted unreasonably by failing to take appropriate precautions. Breed-related evidence may also be introduced during litigation to establish foreseeability of harm, especially when the dog has exhibited prior warning signs of aggression.

Dangerous Propensities and the Owner’s Knowledge

The most critical factor in many Tennessee dog bite lawsuits is whether the dog’s owner knew or should have known that their dog was dangerous. While breed alone is not conclusive, certain breeds are more likely to be subject to warnings or complaints. If the owner was told their dog was aggressive, if the dog had previously bitten someone, or if the dog had been cited by animal control, those facts can create a compelling case for negligence.

At The Law Offices of John Day, P.C., we work to uncover the full behavioral history of the dog involved. This may include animal control records, veterinarian notes, statements from neighbors, prior complaints, or social media evidence posted by the owner. In some cases, the owner’s own description of their dog—such as “guard dog,” “aggressive,” or “protective”—may support the conclusion that the dog was known to be dangerous.

Legal Challenges in Breed-Related Dog Bite Claims

While breed can provide context in a case, it is not enough to win a lawsuit. Insurance companies may argue that a dog’s breed is irrelevant and that the victim provoked the attack or trespassed. In addition, not all insurance policies cover all breeds. Some homeowner’s and renter’s insurance policies specifically exclude coverage for dog bite incidents involving certain breeds. When this occurs, victims may have to pursue recovery directly from the dog owner, which raises additional challenges in cases where the defendant lacks sufficient assets.

Our firm addresses these challenges by thoroughly investigating every available source of recovery. This includes examining insurance policies, umbrella policies, and potential third-party liability if the dog was under the control of someone other than the owner at the time of the attack.

Injuries Caused by Aggressive Dog Breeds

Attacks involving powerful or muscular breeds often result in serious injuries. These can include puncture wounds, torn ligaments, broken bones, nerve damage, permanent scarring, and in some tragic cases, death. Children are particularly vulnerable, as they are more likely to be bitten on the face and head and may require extensive reconstructive surgery. Emotional trauma is also common, and many victims experience lasting anxiety, nightmares, and post-traumatic stress disorder.

The damages available in a Tennessee dog bite case may include compensation for medical expenses, lost income, pain and suffering, disfigurement, mental anguish, future treatment costs, and, when appropriate, punitive damages. These categories of recovery are not limited by breed but may be shaped by the severity of the attack—something that breed-related strength and behavior may influence.

The Importance of Experienced Legal Guidance

Dog bite cases involving aggressive or high-risk breeds can be particularly complex. They may involve emotional testimony, graphic medical evidence, and contentious disputes over breed identification, behavior, and provocation. Our attorneys understand how to present these cases clearly and persuasively. We work with medical professionals, animal behavior specialists, and psychological experts when needed to document the full extent of our client’s injuries.

We also understand the tactics used by insurance companies, which may attempt to minimize or deny claims—especially when the dog involved belongs to a breed that is excluded from coverage. We aggressively pursue all avenues of recovery and are prepared to take cases to trial when necessary to obtain a just result.

Why The Law Offices of John Day, P.C.?

The Law Offices of John Day, P.C. has earned a reputation for tenacious and thoughtful legal representation across Middle Tennessee. With offices in Brentwood, Nashville, and Murfreesboro, we serve clients throughout Davidson County and beyond. Our team has more than 80 years of collective legal experience and has recovered millions of dollars for injured clients.

We handle dog bite cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. We also advance all litigation costs, so you do not need to worry about legal bills while recovering from your injuries. We offer free consultations and personalized service, ensuring that each client receives the time, attention, and resources their case deserves.

What To Do If You Are Attacked by a Dangerous Dog Breed

If you or a loved one has been bitten or attacked by a dog—regardless of breed—it is important to take action quickly. First, seek immediate medical attention to document your injuries and begin treatment. Second, report the incident to local animal control authorities so that the attack is officially recorded. Third, take photographs of your injuries, the dog if possible, and the scene of the incident.

Then, contact The Law Offices of John Day, P.C. before speaking to the dog owner’s insurance company. Anything you say can be used against you later in negotiations or court. Insurance adjusters may try to record your statement or offer a quick settlement. Do not agree to anything until you have spoken with an attorney.

Contact Our Offices Today

If you or someone you care about has been injured by a dog, especially a breed known to be dangerous or aggressive, you deserve legal representation that will protect your rights and seek full compensation for your injuries. Contact The Law Offices of John Day, P.C. at (615) 742-4880 today. We serve clients throughout Nashville, Davidson County, Brentwood, Murfreesboro, and the surrounding areas. Our team stands ready to guide you through every step of your case with skill, professionalism, and compassion.