By The Law Offices of John Day, P.C. on Aug 23, 2024 05:53 am
A dog park located within an apartment complex being used by residents of the complex was considered to fall within the residential exception of the Tennessee dog bite statute, so plaintiff, who was bitten at her apartment complex’s dog park, had to show that the dog’s owner knew or should have known of the dog’s dangerous propensities to establish liability. In Cruise v. Byrd, No. M2022-01578-COA-R3-CV (Tenn. Ct. App. July 20, 2023), plaintiff lived at an apartment complex which included a dog park which was open to residents only. While at the dog park, plaintiff’s dog was attacked by defendant’s dog, and plaintiff was bitten by defendant’s dog when she intervened. Defendant was also a resident at the apartment complex. Plaintiff filed a complaint for negligence and negligence per se. Defendant filed a motion for summary judgment, asserting that the dog bite occurred on residential property rather than public property and that defendant had no notice of the dog’s dangerous propensities. The trial court granted defendant’s motion for summary judgment, ruling that the dog park was not a public place, and the Court of Appeals affirmed.
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