Third-Party Liability in Dog Bite Cases

Understanding Liability Beyond the Dog Owner

Most people assume that when a dog bite occurs, the dog’s owner is the only person legally responsible. While that is often true, Tennessee law allows injured individuals to pursue compensation from other parties whose actions or omissions contributed to the incident. These additional individuals or entities are known as third parties, and identifying them can significantly impact the outcome of a case. In many dog bite situations, landlords, property managers, event organizers, dog sitters, businesses, or even employers may bear some legal responsibility for a victim’s injuries.

At the Law Offices of John Day, P.C., we investigate every dog bite case from all angles. With offices in Brentwood, Nashville, and Murfreesboro, we serve clients across Davidson County and throughout Middle Tennessee. Our goal is to make sure every potential source of compensation is explored so our clients can receive the full financial recovery they deserve.

The Legal Basis for Third-Party Liability

Dog bite claims in Tennessee can be pursued under either strict liability or negligence. Under Tennessee Code Annotated § 44-8-413, dog owners are strictly liable when their dog attacks someone in a public place or where the victim had a lawful right to be. However, this statute does not automatically extend to third parties such as property owners, dog handlers, or businesses. These individuals or entities must be shown to have acted negligently in some way to be held liable.

Negligence occurs when a person or business owes a duty of care to another and breaches that duty, resulting in injury. If a third party had reason to anticipate the danger posed by a dog and failed to act reasonably, they may be responsible for a victim’s injuries. For example, someone who allows a dangerous dog to be present at a public event or a business that allows a customer to bring an aggressive dog into a crowded space may be subject to a negligence claim if that decision leads to harm.

Common Third Parties in Dog Bite Claims

Several categories of third parties may potentially be held liable in a dog bite case. These include:

Landlords and Property Owners
If a landlord knows that a tenant keeps a dangerous dog on the premises and fails to take action, they may be liable—particularly if the bite occurs in a common area under the landlord’s control. Landlords are also more likely to be held responsible if they violated their own lease terms by allowing the dog to remain on the property after complaints or incidents.

Dog Sitters and Walkers
Individuals hired to care for or walk a dog can be considered temporary custodians. If they fail to control the dog, ignore leash laws, or bring the dog into an inappropriate setting, they may be liable for resulting harm. Courts may evaluate whether they had reason to know the dog was aggressive and whether they took reasonable precautions.

Businesses and Retailers
Businesses that allow dogs on the premises owe a duty to ensure the safety of customers. If a dog bites someone inside a store, café, grooming salon, or pet-friendly business, the business may be liable if they failed to enforce safety rules, disregarded aggressive behavior, or knowingly allowed a dangerous animal onto the property.

Event Hosts and Venue Operators
Event organizers who permit dogs at festivals, outdoor markets, or community gatherings can be liable if someone is bitten. Their duties include enforcing rules about leashing, banning aggressive dogs, and responding to complaints or threats. If they ignore or fail to control a foreseeable risk, they may be considered negligent.

Homeowners and Family Members
In some situations, a person may be injured by a dog while visiting a home where the dog’s owner is not present. For example, if a parent allows an adult child to keep a dangerous dog at the house and is aware of the risk, both the child and the homeowner may be sued. Liability may also extend to other household members who exercised control over the dog.

Employers of Dog Handlers or Security Personnel
When someone is bitten by a dog handled by an employee—such as a guard dog or service animal—the employer may be liable under the doctrine of respondeat superior. This legal principle holds employers accountable for the negligent acts of employees committed during the course and scope of their employment.

What Must Be Proven to Hold a Third Party Liable?

To hold a third party responsible, the injured person must typically prove:

1. The third party had a duty of care to protect the victim from harm.
   
2. They breached that duty through action or inaction.
   
3. Their breach was a proximate cause of the dog bite.
   
4. The victim suffered actual injuries and damages as a result.
   

Evidence is crucial in these cases. For example, showing that a landlord had prior knowledge of the dog’s dangerous behavior through complaints, reports to animal control, or lease violations can be key to proving negligence. Likewise, if a business owner permitted a known-aggressive dog to remain on the property despite warnings, that may support a third-party claim.

At the Law Offices of John Day, P.C., we build these claims through a detailed review of lease agreements, incident reports, emails, surveillance footage, and interviews with witnesses. We investigate whether the third party exercised control, whether they had sufficient notice of the dog’s behavior, and whether they had an opportunity to prevent the harm.

Comparative Fault and Shared Responsibility

Tennessee follows a modified comparative fault rule, which allows for liability to be shared among multiple parties. If a third party is partially at fault for a dog bite, their percentage of fault can be assessed by a judge or jury and factored into the total award. As long as the victim is less than 50 percent responsible for the incident, they may recover damages—though their award is reduced by their share of fault.

This framework makes third-party claims particularly important. For example, if a dog owner is uninsured or underinsured, or if the victim shares some blame for the incident, identifying another responsible party may help the victim recover more complete compensation. Our firm regularly handles cases involving multiple defendants and understands how to build strong claims that reflect the full scope of liability.

Damages Available in Third-Party Dog Bite Claims

The injuries caused by dog bites can be physically and emotionally devastating. In cases involving third-party liability, victims may still pursue the full range of damages, including:

• Medical expenses for emergency treatment, surgery, and follow-up care
  
• Lost income due to missed work or reduced earning capacity
  
• Pain and suffering, including emotional trauma and mental health treatment
  
• Scarring, disfigurement, or permanent disability
  
• Costs for physical or psychological rehabilitation
  
• Punitive damages, in cases of gross negligence or reckless indifference
  

Our firm works with medical experts, vocational analysts, and financial professionals to ensure that every element of your loss is carefully documented. We also consult with mental health experts to account for the long-term psychological effects of a traumatic dog attack, which are often especially severe in children.

Why Experience Matters in Third-Party Dog Bite Cases

Third-party dog bite cases require legal skill and attention to detail. They are rarely straightforward. The parties involved may dispute their role in the incident, deny knowledge of the dog’s behavior, or argue they lacked control over the situation. Insurance companies may try to shift blame or argue that a business or landlord should not be held accountable.

At the Law Offices of John Day, P.C., we anticipate these defenses and counter them with well-documented evidence and clear legal reasoning. Our attorneys have decades of combined experience handling dog bite cases throughout Tennessee. We are recognized by leading legal directories and have been trusted by victims across Nashville and beyond to handle complex claims involving both direct and third-party liability.

We pride ourselves on offering clear communication, compassionate advocacy, and a strategic approach to securing results. Our goal is not just to win a case—but to help our clients rebuild their lives after an unexpected and often traumatic injury.

Real Case Examples from Our Practice

In one case, we represented a woman who was bitten by a dog in the common area of an apartment complex. While the dog owner was clearly responsible, we also discovered that the landlord had received three previous complaints about the same dog but took no action to enforce lease restrictions. By holding both parties accountable, we were able to recover compensation that reflected the seriousness of her injuries and the landlord’s failure to act.

In another matter, a child was bitten at a weekend pet adoption event hosted by a local business. The dog was brought in by a rescue group with a known history of aggression, and our investigation revealed that the business failed to screen the animals or follow its own safety policies. Through a third-party negligence claim, we recovered damages from both the rescue group and the event organizer.

These examples illustrate how third-party liability can strengthen a case, ensure full compensation, and promote safer practices across communities.

What to Do If You Think a Third Party May Be Responsible

If you’ve been bitten by a dog and suspect someone other than the dog’s owner may share responsibility, you should act quickly. Take photographs of the scene and your injuries, identify any witnesses, and document all medical treatment. If the incident occurred on rented property, at a business, or during an event, obtain any written rules or signage related to pets.

Contacting an attorney early is critical. Evidence can disappear quickly, and determining who had knowledge or control requires timely investigation. At the Law Offices of John Day, P.C., we offer free consultations and do not charge any legal fees unless we recover compensation for you. We take the time to listen to your concerns, explain your legal options, and begin a thorough review of all potentially liable parties.

Contact the Law Offices of John Day, P.C.

Dog bites can lead to more than just physical pain. The emotional and financial consequences can last for years. When someone other than the dog’s owner may be at fault—whether a landlord, business, caregiver, or other third party—it’s important to pursue every path to recovery.

Call the Law Offices of John Day, P.C. today at (615) 742-4880 to schedule your free, confidential consultation. With offices in Brentwood, Nashville, and Murfreesboro, we serve clients throughout Davidson County and Middle Tennessee. Let us help you hold all responsible parties accountable and fight for the compensation you deserve.