Misconception - "We live in the county and there's no leash law - my dog can go wherever he wants"

Fact - Tennessee State Law says dog owners are not allowed their dogs to roam at large.

44-8-408. Dogs not allowed at large -- Exception. -- It is unlawful for any person to allow a dog belonging to or under the control of such person, or that may be habitually found on premises occupied by the person, or immediately under the control of such person, to go upon the premises of another, or upon a highway or upon a public road or street; provided, that this section and $ 44-8-409 shall not apply to a dog on a hunt or chase, or on the way to or from a hunt or chase, nor to a dog guarding or driving stock, or on the way for that purpose, nor to a dog being moved from one (1) place to another, by a person owning or controlling a dog; provided, however, that the foregoing exemptions shall not apply unless all damages done by dogs therein exempted, to the person or property of another, shall be paid or tendered to the person so damaged, or to the person's agent, within thirty (30) days after the damage is done. [Acts 1901,ch. 50,$ 9 1; 1903, ch. 419, $ 1;Shan., $ 2853a4; Code 1932, $ 5086; T.C.A. (orig. ed.), $$ 44-1408, 44-8-108.]

Notes to decisions

5. Civil Liability.

Fact that owner of property who was injured by dog did not object to dog's presence on the property did not prevent a violation of the statute. Alex v. Armstrong, 215 Tenn. 276, 385 S.W.2d 110 (1964).

Failure to perform statutory duty of preventing dog from running at large is negligence per se and if injury is the proximate result or consequence of the negligent act there is liability. Alex v. Armstrong, 215 Tenn. 276, 385 S.W.2d 110 (1964).

Question of whether allowing dog to run at large was proximate cause of injury of plaintiff who was knocked down and injured by such dog was for jury. Alex v. Armstrong 215 Tenn. 276, 385 S.W.2d 110 (1964).

6. Assumption of Risk.

Bicyclist had legal right to ride bicycle on public street so long as she did so in lawful manner, and it was prejudicial error for court to instruct as to assumption of risk where bicvclist was bitten by dog while riding in the street and there was no evidence that she had ever harassed the dog, attempted to entice it into the street, or had any previous encounter with it. Bell v. Chawkins, 62 Tenn. App. 213. 460 S.W.2d 850 (1970).

44-8-401. Livestock not to run at large -- Punishment. -- (a) It is unlawful for the owners of any livestock, as the same are commonly known and defined, to willfully allow the same to run at; large in this state.

(b) A violation of this section is a Class C misdemeanor. [Acts 1947, ch. 52, $ 1; C. Supp, 1950, $ 5087.1 (Williams, $ 5077.1): T.C.A. orig. ed.), $$ 44-1401, 44-a-101; Acts 1989, ch. 591, $ 113.]

 

44-2-1301. Definitions - As used in the chapter, unless the context otherwise requires:

(1) "Animal" or "animals" means all domestic animals including, but not limited to, cattle,bison,all equidae, sheep, goats, swine, dogs, cats, all avian species and all Class III animal as established by $ 70-4-403.