Landlord Liability for Dog Bites

Dog Bite Claims Are Not Always Limited to the Dog’s Owner

When a person is bitten by a dog, the natural instinct is to look to the dog’s owner for compensation. But in some cases, especially those that occur on rental property, the dog’s owner may not be the only party responsible. Under Tennessee law, landlords may also be held liable for dog bites and attacks under certain conditions. These cases are often more complex than a typical dog bite claim and require careful analysis of the lease terms, the dog’s history, the landlord’s actions, and the circumstances surrounding the attack.

At the Law Offices of John Day, P.C., we help injury victims in Nashville, Brentwood, Murfreesboro, and throughout Davidson County understand their rights when injured by a tenant’s dog. If you’ve been bitten or attacked on someone else’s rental property, it’s important to know whether the landlord can be held legally accountable for your injuries. Our experienced team investigates landlord involvement thoroughly and pursues all responsible parties to help ensure our clients are fully compensated.

General Legal Principles Governing Dog Bite Liability

In Tennessee, dog bite liability is governed by a combination of statutory and common law rules. Under Tennessee Code Annotated § 44-8-413, a dog owner is generally strictly liable for any injuries their dog causes in a public place or on private property where the victim was lawfully present. Strict liability means the victim does not need to prove that the owner acted negligently. However, there are statutory exceptions, including one for residential property. When an attack occurs on private, non-commercial residential property, the dog’s owner may only be held liable if the victim proves the owner knew or should have known the dog was dangerous.

In cases where strict liability does not apply, the injured person may bring a claim for negligence. To succeed, the plaintiff must show that the defendant owed a duty of care, breached that duty, and caused injury as a result. These legal standards also apply when considering whether a landlord—not just the tenant—may be liable for a dog attack.

Landlord Knowledge and Control Are Key Factors

The central questions in landlord liability for dog bites are: Did the landlord know the dog was dangerous, and did the landlord have the legal right or ability to remove the animal from the premises? This knowledge can come in many forms—complaints from other tenants, warnings from animal control, prior attacks or aggressive behavior, or even observing the dog firsthand acting in a threatening manner.

Landlords typically do not have day-to-day control over their tenants’ pets, but they often have legal tools at their disposal through the lease agreement. Many leases contain provisions that prohibit certain types of dogs, limit the number of animals, or allow the landlord to require removal of a pet that poses a danger. If the landlord knows the tenant is violating the lease and chooses not to enforce it, that inaction can support a claim for liability.

Constructive knowledge—what a reasonable person would have known under the circumstances—is sometimes sufficient to establish liability. A landlord cannot shield themselves by turning a blind eye to obvious signs of danger. If the facts show that a landlord reasonably should have known that a dog was dangerous and failed to take steps to address the issue, they may be liable for resulting injuries.

Dog Bites in Common Areas

Landlord liability becomes even more likely when a dog bite occurs in a common area under the landlord’s control. These include sidewalks, courtyards, stairwells, playgrounds, parking lots, and other shared spaces. If a landlord allows a known dangerous dog to remain on the property and roam freely or be present in a common area where tenants or guests are permitted, the landlord may be directly responsible for injuries caused by the dog.

The courts have found that in such cases, the landlord owes a duty of care to ensure the common areas are reasonably safe. Failure to act after receiving warnings or complaints about an aggressive dog could constitute a breach of that duty. Furthermore, if the lease permits dogs but requires them to be leashed in public areas, and the landlord fails to enforce this rule, that too could support a negligence claim.

What Makes These Cases More Complex

Proving a landlord’s liability is often more difficult than proving the liability of a dog’s owner. There may be multiple layers of responsibility, unclear terms in the lease agreement, or disputes over who had actual control. In some cases, landlords may claim they were unaware of the dog’s presence or dangerous nature, or that the tenant hid the dog from them.

Additionally, insurance coverage may be contested. Some landlords may carry premises liability insurance that excludes animal attacks. Others may have general policies that provide coverage but deny specific claims under particular exclusions. Our firm investigates all potential coverage sources and examines lease language, incident reports, emails, and communications between the landlord and tenant to determine the scope of liability.

It is also important to understand that liability may be shared. Under Tennessee’s modified comparative fault system, responsibility can be apportioned among multiple parties, including the dog’s owner, the landlord, and even the victim. If the victim is found to be 50 percent or more at fault, they cannot recover damages. If they are less than 50 percent at fault, their recovery is reduced by their percentage of fault. These complexities make legal guidance essential in landlord-related dog bite claims.

What Victims Can Recover in a Landlord Liability Case

Victims of dog attacks may face serious and lasting consequences. Bites can lead to puncture wounds, nerve damage, infections, scarring, and disfigurement. Emotional trauma such as anxiety, nightmares, or post-traumatic stress disorder is also common, especially in children. Victims may require ongoing therapy, plastic surgery, or miss work due to their injuries.

In a successful claim, victims may recover compensation for medical expenses, lost income, reduced earning capacity, pain and suffering, emotional distress, and scarring or disfigurement. In some cases, punitive damages may be available if the landlord’s conduct was reckless or showed a conscious disregard for the safety of others.

Our team works closely with medical providers, economists, and when needed, mental health professionals to fully document the impact of the injury and present a strong claim for the full range of available damages.

Why You Need an Experienced Legal Team

At the Law Offices of John Day, P.C., we have the experience, resources, and legal knowledge to handle even the most complex dog bite claims, including those involving third-party liability such as landlords. These cases require careful investigation, a strategic understanding of Tennessee law, and the ability to build a compelling case supported by both fact and law.

We investigate the relationship between the tenant and landlord, analyze the lease agreement, review prior complaints, and work to identify what the landlord knew and when they knew it. We also manage all communication with insurance carriers and opposing counsel, allowing our clients to focus on recovery while we focus on results.

Our firm has helped clients throughout Nashville, Davidson County, and Middle Tennessee recover meaningful compensation after serious dog attacks—whether the owner was a tenant or the landlord turned a blind eye to the danger.

Take Action to Protect Your Rights

If you or someone you love has been bitten by a dog while on rented property, do not assume the dog owner is the only person who can be held accountable. Landlords who knowingly allow dangerous dogs to remain on their premises, especially in shared areas or in violation of lease terms, may also bear legal responsibility for your injuries.

Call the Law Offices of John Day, P.C. at (615) 742-4880 today to schedule a free consultation. There is no cost to speak with us, and we only get paid if we recover compensation on your behalf. With offices in Brentwood, Nashville, and Murfreesboro, we serve clients across Middle Tennessee and are committed to holding negligent property owners accountable. Let us help you understand your legal options and protect your right to a full recovery.