The Tennessee Code Annotated Bibliography - 1250 Words

The issue in this case is whether under Tennessee Code Annotated  § 44-8-413, our client, Kevin Gates, can be held responsible for his neighbor’s dog bite injuries, depending on his knowledge of the potentially â€Å"dangerous propensities† of his three dogs. The Tennessee Code Annotated discusses civil liability to an injury caused by dogs in  § 44-8-413. This statute begins with defining a dog owner’s duty by claiming that â€Å"the owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large.† Tenn. Code Ann.  § 44-8-413(a)(1) (2007 Supp. 2016). An owner is a person that at the time the incident occurs, is responsible and has authority over the dog. Id.  § 44-8-413(e)(1). Running at†¦show more content†¦App. LEXIS 955, at *10 (citing 4 Am. Jur. 2d Animals  § 69 (2015)). If the owner is not aware and does not have any reason to know that his dog has any dangerous propensities, then the owner will likely not be liable for the first mischief that occurs. Hood v. Waldrum, 434 S.W.2d 94, 99 (Tenn. Ct. App. 1968). For example, in Moore v. Gaut, James Moore, the complainant had to prove that Michael Gaut, the owner of the dog involved, knew or shou ld have known that his dog had dangerous propensities, making him liable for the dog bite injury. The evidence provided to the court never showed any record that the dog had ever engaged in behavior that could have been viewed as dangerous behavior. Moore, 2015 Tenn. App. LEXIS 955, at *5. The Court of Appeals agreed with the trial court that Gaut negated the third element for dog bite liability when he testified that â€Å"his dog never bit or attacked anyone before Plaintiff.† Id. at *13. Gaut genuinely believed his dog was â€Å"friendly, gentle, and jovial before the bite occurred.† Id. at *14. Since Gaut was unaware of any dangerous propensities, he was found not liable for the dog bite to Moore. Id. at *15. Despite Mr. Gates’ outward dislike towards his three dogs, it is likely that he will not be held responsible for the dog bite injury his neighbor suffered because he did not have any knowledge, nor had any reason to know of his dogs having any dangerous propensities. In this case, the injured neighbor wants GatesShow MoreRelatedPersonal Responsibility Rough Draft1736 Words   |  7 Pages The Weight of too Much Responsibility The amount of responsibility taken on can lead a person downfall if not carefully overseen. Difficulties can arise from taking on to many tasks at one time. In a study conducted by a University of Tennessee professor and two doctoral students (Williams, Carroll, amp; Hautau, 2005), it is shown how high achieving students (90% and above), whom easily complete their work on their own. These students in time show the effects of working not only for themselvesRead MoreEssay on The Role of Women in Sir Gawain and the Green Knight5387 Words   |  22 Pageswith a woman, and not subject to the feudal loyalty system. It is further suggested that this relationship has eclipsed other relationships within the code of chivalry. And, unlike the other contests, established by men, where the rules are clearly defined, the Ladys game is ambiguous. We can see this as the seduction progresses; Gawains moral code cannot stand strongly enough in this arena. It seems as if this is what the Gawain poet intended to suggest when he positioned the bedroom scenesRead MoreSlave Religion Research Paper3126 Words   |  13 Pagesenacted laws that restrained the religious exercise of enslaves African-Americans. Several state legislatures passed laws restricting African-American--both slaves and freed—from preaching. For example, until 1863, Georgia legislature enforced a legal code which prohibited â€Å"any church, society, or other body or any persons to grant any license or other authority to any slave or free person of color, to preach, or exhort, or otherwise officiate in church matters†. In 1832, North Carolina passed a similarRead MoreLibrary Management204752 Words   |  820 PagesProfessional . . . . . . . . . . . . . . 351 Problematic Ethical Situations . . . . . . . . . . . . . . . . . . 353 Tools for Ethical Decision Making . . . . . . . . . . . . . . . . 355 Normative Ethical Frameworks . . . . . . . . . . . . . . . . . . 355 Codes of Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 Other Frameworks for Ethical Decision Making . . . . . 357 Ethics Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359 Guidelines for Mangers to Promote Ethical