Top 10 Social Media Tips for Personal Injury Victims From Personal Injury Lawyer Memphis, TN Counts On!

memphis personal injury lawyerIt seems that everyone is on Facebook or some other type of social media these days. Many people are even addicted to it. If you have a Memphis, TN car wreck or personal injury claim, you should carefully consider the impact your social media posts could have on your case and the ultimate settlement or verdict you receive.  As an experienced personal injury lawyer Memphis TN knows and trusts, I can tell you that insurance companies and defense attorneys, as part of their evaluation of you and your case, perform social media account investigation. They will pull up your Facebook, Instagram, Twitter, and other social media accounts to see if they can gather useful information about you, your activities, and the extent of your injuries.  We at Wiseman Bray PLLC put together the following social media tips for personal injury victims.

Personal Injury Social Media Tips

  1. Archive the content of current accounts. Destruction of potential evidence may create bigger problems than the information itself, so it is important that you do not delete any current content on your social media accounts.  Most social media sites include directions for archiving.

 

  1. Ideally, stop active use of social media. Consider stopping active use of social media altogether. Use it purely for passively looking at content posted by others, and do not post content of your own.

 

  1. At a minimum, be cautious. If you must post information about yourself, think about how posts might be perceived, especially when taken out of context. For example, posting photos of you on a camping trip may leave the false impression that you participate in vigorous physical activity without difficulty or pain.  Social media almost never provides a complete and accurate depiction of life since most people tend to post only the most positive or glamorous aspects of their lives.  You must assume that anything you post – including status updates, messages, and wall postings – will at some point be seen by the other lawyers, judges, and juries. NEVER post information that may relate to your injury claim, even indirectly.

 

  1. Disclose potential problems to a personal injury lawyer Memphis TN counts on. You may have already made potentially problematic posts before reading this. Remember, though, that you should not destroy or delete any information from your social media accounts.  However, do let your personal injury lawyer know so that he or she can avoid any surprises down the road.

 

  1. Turn on the highest privacy settings. Set your privacy settings to the highest level.  Make sure that only friends can see your information, rather than friends of friends, or the general public.

 

  1. Be aware of “friends.” Create “friend lists” so that only certain friends can see your photo albums or status updates.  Remove any “friends” you do not know well, or at all, and accept friend requests and followers only from people you know and trust.  

 

  1. Make yourself invisible to searches. As learned by a personal injury lawyer Memphis TN knows and relies on, you can remove yourself from Facebook search results by selecting “only friends” under the “search visibility” option in your profile settings.  You can also remove yourself from Google in Memphis TN by unchecking the box for “Public Search Listing” in your Internet Privacy settings. You should make comparable changes to privacy settings on all other social media accounts.

 

  1. Preserve all computers, tablets, and cell phones. If you lose or destroy an electronic communication device, the lawyer on the other side could try to portray it as deliberate destruction of evidence.  It is better to fight a battle over access to a device than to have a judge instruct a jury that it may legally assume and conclude the contents of the device would have been unfavorable to you.

 

  1. Don’t send messages or information about your case. Do not send to anyone, except for your lawyers and their staff, any email, text message, or “private” social media message about your claim, health, or activities. Those communications are not privileged and opposing counsel may be allowed to review any and all such communications.  Careless communication can destroy a case.

 

  1. Don’t join websites or web chat groups. You do not own the information you post online, and that information is highly searchable.  Do not enter any information on dating or insurance sites, post on message boards, participate in or comment on social media “private” groups or blogs, or use chat rooms.

Social Media in Other Types of Cases and Claims

These tips are useful if you are involved in any type of litigation or claim, such as apartment crime, negligent security, insurance claim, contract disputes, business litigation, car or auto accident, or premises liability.

Need a personal injury lawyer Memphis TN trusts?

Call us at Wiseman Bray PLLC  today at (901) 372-5003 or email us here.  Let us put our experience as negotiators, litigators, and trial lawyers to work for you.

How to Talk to Your Insurance Company After an Accident

insurance company after car accidentAfter a car accident, you may feel it necessary to contact your auto insurance company or carrier and let them know what has happened immediately. While informing your carrier of an accident is an important step in getting the compensation you deserve, there are a few things you should know before you pick up the phone.

Don’t Always Expect the Insurance Company to be on Your Side

As nice as it is to believe that an insurance company is on your side, this might not always be the case. Insurance agencies are running a business, meaning their main concern will almost always be their bottom dollar. Even though you may have paid your monthly premiums, and followed up on your end of the bargain, the insurance company will likely still not be looking after your best interests. That’s why you may want to consider enlisting the help of a personal injury attorney. Their main objective is to help you get the compensation you deserve. In fact, most DC personal injury lawyers won’t see any payment until you do.

Speaking with Your Insurance Company

After an accident, you may want to follow these steps:

  • Call the police
  • Take care of injuries
  • Exchange information with the other driver
  • Document the accident
  • Report the accident to your insurance company

When you contact the insurance company, you will likely need the following information:

  • Policy information
  • Identity Verification
  • Facts about the accident
  • What property was damaged
  • If there were any injuries
  • Police report and its identification number

At this point, insurance companies will likely try and find ways to reject your accident claims or find a way to pay the least amount of money on a claim. Remember, you only have to provide the basic information at this time. Stick to the facts and avoid adding any personal opinions, or conjecture about liability; an insurance company will likely try to spin any non-factual evidence you provide to avoid paying your claim. This is also not a time to accept any offers from the insurance company for a payout. If you already have an attorney, provide the attorney’s contact information to the representative. If you don’t have an attorney, let the representative know you will be getting one. Retaining an attorney shows the insurance company that you are serious and that they cannot take advantage of you.

If you’ve been injured in an accident and are in the process of dealing with your insurance company to get the compensation you deserve, it may be in your best interest to seek the help of an experienced personal injury lawyer.

0 COHEN

 

Thanks to our friends and co-contributors from Cohen & Cohen, P.C. for their added insight into communicating with your insurance agency.

 

Need a Memphis Personal Injury Lawyer?

Call us at (901) 372-5003.  Our experienced Memphis injury lawyers can help you make the most of your insurance claim. Sign up for email notifications of blog posts here.

WISEMAN BRAY PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

(901) 383-6599 Fax

www.WisemanBray.com

Injuries to Trespassing Children

injuries trespassing children, personal injury lawyerIn most states, there are special rules addressing injuries to trespassing children.  In Tennessee, for example, there is the “attractive nuisance doctrine,” recently codified in Tenn. Code. Ann. 29-34-208.

Attractive Nuisance Doctrine

In summary, that doctrine holds that a land owner or possessor is liable for injuries to children who trespass if all of the following elements are present:

(1) The owner maintained a dangerous condition that was not a natural condition and knew or should have known that the condition posed a risk of death or serious bodily harm to trespassing kids;

(2) The owner knew or should have known children were likely to trespass onto the property, either because they would be lured there by the dangerous condition or because children regularly play on the property;

(3) The dangerous condition was not apparent, or children, because of their youth, would be unlikely to discover and comprehend the risk;

(4) The usefulness to the owner of maintaining the dangerous condition and the burden of eliminating the danger were significantly outweighed by the risk of harm to kids who would foreseeably trespass onto the property; and

(5) The owner failed to use reasonable care to eliminate the danger or otherwise protect the children.

This statute does not create or increase liability or affect any immunity from or defense to liability established by other statutes or common law to which a landowner may be entitled.

Even Trespassing Children are Protected by the Law

If your child was injured on someone else’s property by a dangerous condition, you should speak with a personal injury lawyer. Cases like this are very fact-dependent and are handled and settled on a case-by-case basis. Depending on the circumstances, you may be able to recover compensation to help you pay for your child’s medical bills and other damages, even if your child was trespassing.

We represent injured children and their families.

The attorneys at Wiseman Bray PLLC not only know how to deal effectively and efficiently with insurance companies, but we are also experienced trial lawyers.  We’d be honored to represent you and your family if your child has been injured. Please call us today for a free consultation at 901-372-5003. Or, if you aren’t a fan of the telephone, please feel free to email our team of injury lawyers.

We serve clients throughout Tennessee and Mississippi, including Bartlett, Cordova, Lakeland, Germantown, Collierville, Munford, Covington, Arlington, Nashville, Brentwood, and the surrounding counties and rural areas.  Sign up to receive our blog posts via email.

WISEMAN BRAY PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

(901) 383-6599 Fax

www.WisemanBray.com

Neck Injuries from Slip and Fall Accidents

memphis personal injury lawyer neck injuriesMost of us in our life have at some time slipped and fallen down with no long lasting effects, but a slip and fall accident can potentially result in a serious neck injury. When it can be proven that the cause of a slip and fall accident was due to someone’s negligence, that person or their company can be held liable. This includes the victim’s company if it can be determined that the slip and fall accident was caused by unsafe work conditions. Neck injuries can be serious.

The Costs of Slip and Fall Accidents

A “simple” slip and fall accident may not have simple consequences. Serious neck injuries can result and wreak havoc on the victim’s long term health and well-being. The associated damages can be high as a result of:

  1. Ambulance transportation from the accident scene to the emergency room.
  2. Examination and x-ray fees plus any additional diagnostic tests.
  3. Medical costs associated with immediate, short and long term treatments.
  4. Physical rehabilitation.
  5. Surgery
  6. Lost wages from the present into the future.
  7. Lost benefits as a result of not being able to work.

Symptoms of a Neck Injury

Immediately after experiencing a slip and fall accident, seek medical attention. There’s no substitute for qualified medical expertise to diagnose the extent of your injury. If you suspect you may have sustained a neck injury, any of the following symptoms may be present but their absence does not mean your neck isn’t injured:

  • A dull aching in the neck
  • Pain when turning your head or moving it in any direction
  • Shooting pains, tenderness, numbness, or tingling in the neck area
  • Difficulty swallowing
  • Headache
  • Facial pain
  • Shoulder pain
  • Numbness or tingling in the arm

Types of Neck Injuries

A neck injury may affect the nervous system as well as the spinal cord. In the worst case scenarios, neck injuries can cause paralysis or death.

  • Whiplash can be caused by the head forcibly and suddenly moving in one direction and then snapping backward.
  • Neck fracture. A slip and fall accident can result in a break of the cervical bone, resulting in a neck fracture. The elderly and those suffering from osteoporosis are at greater risk of this injury due to the brittleness of their bones.

Who can be held accountable for a slip and fall accident?

This will largely depend on where the accident occurred, the circumstances of the accident, and who owns the property on which the slip and fall occurred. Negligence must also be proven. The following are only general guidelines and are in no way a substitute for legal advice:

  • If on private property, was the owner aware of the dangerous conditions but did nothing to address them?
  • If at your workplace, did your employers ignore unsafe working conditions?
  • If on public property, were those responsible for its maintenance knowingly ignore dangerous conditions that led to your slip and fall injury?

Statute of Limitations

Most slip and fall accidents will fall under the statute of limitations which limits how long you can wait before you seek legal recourse. If the at-fault party is a government entity, the statute of limitations period may be even shorter. It’s important that if you have had a slip and fall accident and suffered a neck injury as a result that you immediately consider contacting a Washington DC slip and fall lawyer.

Need a Memphis Personal Injury Lawyer?

Call Wiseman Bray PLLC at 901-372-5003 or email us here.

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0 COHEN

Thanks to our friends and contributors at Cohen & Cohen, P.C. for their additional insight into neck injuries as a result of a slip and fall accident.

Will I have to pay taxes on my settlement?

personal injury settlementMany of our Memphis and Tennessee injury clients ask – will I have to pay taxes on my settlement for personal injuries?  The general answer is NO.

Will the IRS make me pay taxes on my settlement?

Here is what the IRS currently says about Settlements and Taxability:

If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.

What if I did take an itemized deduction for related medical bills in prior years?

Will I have to pay taxes on my settlement if I did?  You must include in income the part of the settlement that is for medical expenses you deducted in any prior year to the extent the deduction provided a tax benefit. For detailed information on how to report this, we recommend that you speak with your accountant or tax professional.

What about settlements for Emotional Distress or Mental Anguish?

If you receive a settlement for emotional distress or mental anguish stemming from a personal physical injury or sickness, then the settlement is treated the same as a personal injury, as noted above above. However, if the settlement for emotional distress or anguish does not arise out of a personal injury or sickness, then you must include the proceeds in your income. Here is what the IRS states on this issue:

If the proceeds you receive for emotional distress or mental anguish do not originate from a personal physical injury or physical sickness, you must include them in your income. However, the amount you must include is reduced by: (1) amounts paid for medical expenses attributable to emotional distress or mental anguish not previously deducted and (2) previously deducted medical expenses for such distress and anguish that did not provide a tax benefit. Attach to your return a statement showing the entire settlement amount less related medical costs not previously deducted and medical costs deducted for which there was no tax benefit. The net taxable amount should be reported as “Other Income.”

Punitive Damages are Taxable

If you receive an actual court award of punitive damages, those proceeds are taxable and should be reported as “Other Income.”  This is true even if the award stems from personal injury or sickness.

Recovery of Lost Wages is Taxable

If your personal injury settlement is itemized to include recovery for lost wages, then that portion of the settlement is taxable and should be reported as income.  During the negotiation phase, most attorneys are careful to clarify and/or minimize, if not eliminate, any apportionment of the settlement to wages.  You would likely also receive a Form 1099 for any recovery attributable to lost wages.  [Note: Wages and/or settlements paid in connection with work comp are not taxable.]

Interest on a Settlement is Taxable

What if the other side doesn’t pay my settlement all at once? Will I have to pay taxes on my settlement if they pay me interest? Yes. Interest you are paid on any settlement is taxable as “Interest Income.”

Do I have to tell my CPA or Tax Preparer about my settlement?

We advise that you do, so that he or she can advise you on the most up-to-date reporting requirements applying to your specific settlement.

Injured and seeking legal representation?

Call us at 901-372-5003 or email us here. We handle a wide range of personal injury cases.  Our approach to handling cases is what sets our firm apart. While some injury lawyers and firms take on hundreds of cases, and may seem more interested in quickly settling the case than seeking full and fair compensation for their client, we focus on identifying great clients and great relationships.

Victims need a lawyer with the experience, drive, and knowledge necessary to compete with the insurance companies who are handling your claim. Otherwise, you’ll end up being a victim twice, and you might not even realize it until it’s already too late. Our personal injury practice is led by Harvard-educated attorney Lang Wiseman. We know how to get fair and just results.

Click here to learn more about the work we do.

 

Why You Don’t Hear About Liability Insurance in a Jury Trial

memphis injury lawyer jury trial Did you know that during most Tennessee state court jury trials, you will never hear the word “insurance?”  That’s because 99% of the time, evidence of liability insurance is not admissible under the Tennessee Rules of Evidence.

Tennessee Rule of Evidence 411 provides that:

Evidence that a person was or was not insured against liability is not admissible upon issues of negligence or other wrongful conduct. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.

Rationale

Rule 411 is based on the notion that disputes should be resolved based on the conduct of the people involved, not based on whether they have insurance.

Insurance Jury Instruction

Not everyone has insurance. Some people have some insurance, but not enough.  Sometimes a person will have purchased an insurance policy only to find out that it won’t apply to pay damages in certain kinds of lawsuits. Sometimes the Judge will issue a jury instruction in Tennessee to help guard against improper consideration of insurance.  When the instruction is used, the Judge tells the jury that:

[W]hether or not insurance exists has no bearing upon any issue in this case. You may not discuss insurance or speculate about insurance based on your general knowledge.  There are sound reasons for this rule. A party is no more or less likely to be negligent because a party does or does not have insurance. Injuries and damages, if any, are not increased or decreased because a party does or does not have insurance.

Tennessee Pattern Jury Instruction – Civil 1.05.

Insurance Information Is Still Useful

Just because we can’t use evidence of insurance in jury trials doesn’t mean we can’t make good use of the information.  Knowing whether parties are insured, and to what extent, helps us develop an efficient strategy for resolving a dispute, and it helps us give sound advice to our clients who are wondering if they should settle a claim or file a lawsuit.

Need help settling a claim with a liability insurance carrier?

We can help you. Wiseman Bray has offices in Memphis and Nashville Tennessee. Call us at 901-372-5003 or email us here.

It’s Prom Season: Liquor Liability for Allowing Minors to Drink Alcohol

liquor liability for prom party

Since it’s Prom Season, let’s talk about liquor liability for social hosts.

Let’s say you’re one of those parents who thinks, “teenagers are going to drink, so I’m going to allow my kids to drink in my home so they won’t do it somewhere else.”  Your teenager asks you if he can have a “Prom After-Party” at your home with a few friends. You agree. You also agree that they can “drink a little.” You tell your son that no one will be allowed to drive.

Now consider this, let’s say your daughter was in a car accident on her way home from Starbucks after her Prom.  Other than coffee, she hadn’t had a drop to drink. The other driver was an underage intoxicated teenage girl who had just left a “Prom After-Party” at a private home where alcohol was served. She disregarded the “no one is driving home” rule that the parents set for the evening.

So, what’s the law on parents who allow minors to drink in their homes?

Social Host Liquor Liability

In general, if you host a party and serve free alcohol to your guests, you’re not going to be liable if they become intoxicated and injure someone on the way home.  Tennessee Liquor Liability statutes are designed to apply mainly to bars, restaurants, and liquor stores, so there’s a distinction between selling alcohol and otherwise providing it. Tenn. Code Ann. 57-10-102.  However, as is usually the case, there are exceptions, meaning that even if you don’t sell alcohol, you could still become liable under certain circumstances.

Serving Alcohol to Minors

If you have a party at your home and serve alcohol to a minor who becomes intoxicated, you could be held liable if that minor causes injury or damage to a third person.  You could even be liable if you don’t provide the alcohol, but you know the minors are drinking it. This is because, in some cases, the law considers an adult host to be in a “special relationship” with a minor guest, such that the adult host owes a duty to ensure the safety of the minor guest, as well as to keep the minor from driving while intoxicated.

social host liquor liability

Liquor Liability Law in Tennessee is Complex

It is important to contact an attorney as soon as possible if you have a potential Liquor Liability case.  While underage drinking is certainly illegal, civil liability implications are extremely fact-intensive and liability varies from case to case.

Wiseman Bray has offices in Memphis and Nashville TN. If you have a question about liquor liability, the Dram Shop Act, or social host laws in Tennessee, please call us at 901-372-5003 or email us here.

Example of a Liquor Liability Case Involving Minors

For an example of a liquor liability case involving minors and alcohol, read the Biscan v. Brown case.

 

Injured by a Drunk Driver?

drunk driver personal injury lawyerChances are, you either have been or will be the victim of a drunk driver in your lifetime. We know that intoxicated drivers cause personal injuries and deaths every day, but they also cause property damage. Even if you are not injured, your property may be. For example, drunk drivers often cause damage to other cars, houses, businesses, guardrails, signs, yards, and landscaping.

Drunk Driving Statistics

What are the odds that you have been or will be affected by a drunk or intoxicated driver? Take a look at these harrowing  statistics:

  • Every 2 minutes, a person is injured in a drunk driving crash.
  • On average, 2 in 3 people will be involved in a drunk driving crash in their lifetime.
  • The rate of drunk driving is highest among 26-29 year olds at 20.7%.
  • In 2014, 9,967 people died in drunk driving crashes. That’s one every 53 minutes. Another 290,000 were injured in drunk driving crashes.
  • Drunk driving costs the U.S. $132 Billion a year.
  • In 2010, drunk driving alone accounted for 18% of the total economic loss from motor vehicle crashes, costing the economy as much as $199 billion in direct and quality-of-life losses.

What does Drunk or “Intoxicated” Mean?

Tennessee law provides that a person is intoxicated when his or her physical and mental abilities are impaired as a result of drinking or drug use. The impairment must be to the extent that the person can’t act with ordinary and reasonable care like a sober person would under similar circumstances.

Can a Drunk Driver or Person Be Negligent?

Yes!  A drunk person is held to the same standard as a sober person.  Being intoxicated is no excuse for failure to act as a reasonably careful person.

We Represent Victims of Drunk Driving.

As a victim, you need a lawyer with the experience, drive, and knowledge necessary to compete with the insurance companies who are handling your claim. Otherwise, you’ll end up being a victim twice, and you might not even realize it until it’s already too late.  We are victim attorneys and we represent people who have been injured or damaged by drunk or intoxicated drivers. If you need help, we have offices in Memphis and Nashville Tennessee.  Please call us at 901-372-5003 or email us here.

 

Waivers and Releases Do Not Eliminate Liability for Gross Negligence: Ask the Injury Lawyer

release of liability, call injury lawyer

Chances are you’ve signed a Waiver or Release of Liability. Maybe you were going whitewater rafting or visited an indoor trampoline or “bouncy house” park. Businesses providing recreational activities generally require you to sign a form with lots of fine print before you can participate. These forms generally absolve the business of liability if you get hurt. Is that legal? Yes.  But there’s one thing to remember: In Tennessee, a person or business cannot contract away liability for “gross negligence.” That’s why you need to consult with a personal injury lawyer if you are injured, but someone tells you they’re not responsible because you signed a Release or Waiver.

Tennessee Law on Contracting Away Liability

Tennessee law allows people to enter into contracts that say that ABC will not be liable and that XYZ is “assuming the risk,” including the risk that ABC might commit negligence.  However, the law says that such a contract will not protect ABC if ABC is guilty of gross negligence. Buckner v. Varner, 793 S.W.2d 939, 941 (Tenn. Ct. App.1990).

What is Gross Negligence?

What is gross negligence and how is it different from regular negligence?  Regular negligence is the failure to use ordinary or reasonable care.  Gross negligence involves a higher degree of “bad” conduct and callous indifference to consequences. That’s why Tennessee law won’t allow people to contract away liability for gross negligence.  However, it’s harder to prove that someone committed gross negligence. You have to show:

  • The person committed ordinary negligence, and
  • The person acted “with utter unconcern for the safety of others, or … with such a reckless disregard for the rights of others that a conscious indifference to consequences is implied . . .” Leatherwood Wadley, 121 S.W.3d 682, 693–94 (Tenn. Ct. App.2003).

Consult with an Injury Lawyer

If you are injured or hurt while participating in a recreational activity, you should consult with a personal injury lawyer. Don’t automatically assume that you can’t recover because you signed a Release or Waiver. A personal injury lawyer can examine the language of any form you signed and can advise you whether you might have a claim.

Need an Injury Lawyer? We can help.

Call Wiseman Bray PLLC at (901) 372-5003 or email us here.  Visit our website to learn more about us and our work. Offices in Memphis and Nashville.

Tennessee Dog Bite Cases: No “Big Dog” Exception

dog bite lawyer, dog bite attorney, dog bite casesOur firm handles Tennessee dog bite cases. In the recent case of Moore v. Gaut, the Tennessee Court of Appeals interpreted Tennessee’s 2007 dog bite statute and declined to create a “big dog exception” to the rule generally limiting a dog owner’s liability.

In 1914, the Tennessee Supreme Court ruled that a dog owner is only liable for injuries caused by a dog if the owner knew about the dog’s vicious tendencies.  In fact, contrary to popular belief, there never has been any rule that an injured person prove that a dog previously bit someone before he could recover, although that fact would certainly help to show that a dog owner knew about the tendency of his dog.  In 2007, the Tennessee General Assembly enacted Tenn. Code Ann. § 44-8-413 to address and tweak the law of injuries caused by dogs.  That statute created a distinction between whether injuries by a dog bite occurred on or off the dog owner’s property, for example where a dog is running loose in a neighborhood.  When a dog bite occurs on the dog owner’s property, the statute clearly retains and codifies the common law requirement that the injured person prove that the dog’s owner knew or should have known of the dog’s dangerous propensities.   By comparison, when a dog is running loose, there is no such requirement.

So what’s the big deal about big dogs?

Nothing according to the Tennessee Court of Appeals. In Moore v. Gaut, the plaintiff came to repair a satellite dish on the defendant dog owner’s property.  The defendant had a large Great Dane, which was kept in a fenced-in area of the yard. The plaintiff did not enter the fenced-in portion of the yard where the dog was; however, while the plaintiff was walking beside the fence, the dog jumped up, leaned over the fence, and bit the plaintiff’s face.  In his defense, the dog owner filed a motion for summary judgment (i.e. dismissal) by submitting a sworn affidavit stating that the dog had never bitten or attacked anyone. Since the dog bite occurred on the dog owner’s property, the Court of Appeals agreed that the dog owner was not liable because the owner had been able to show that he had no knowledge or notice that the dog had ever bitten or attacked anyone. The plaintiff, unable to dispute that testimony, urged the Court of Appeals to adopt a “big dog exception” to the rule. Specifically, the plaintiff argued that because Great Danes are an extraordinarily large breed, that the dogs are naturally dangerous based on their size, weight, and strength and that this alone should place the owner on notice of a dangerous propensity.

The Court of Appeals didn’t bite, and declined to carve out an exception for big dogs.

Moral of the Story for Tennessee Dog Bite Cases

If you are bitten or injured by a dog on the dog owner’s property, it is critical to investigate and discover whether the owner knew of the dog’s vicious or dangerous tendencies. That does not necessarily mean that you have to prove that the dog has bitten or injured someone before, but rather some knowledge of the owner of mischievous or potentially rough or dangerous behavior that might cause an injury.

We Represent Dog Bite Victims.

We accept dog bite cases. Hopefully you will never be injured by a dog, but if you are, you need a good lawyer on your side because the proof you need isn’t likely to be the sort of thing the dog owner, or his insurance company, is likely to volunteer. Our team at Wiseman Bray PLLC can help you properly investigate your claim and get the information you need in order to determine if your injury is compensable under Tennessee dog bite law. If you need help, call us at 901-372-5003.