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Titlesort descending Summary
Tilson v. Russo


In this New York case, plaintiff, an experienced recreational horse rider, was bitten by a horse she intended to use to practice her techniques at defendant's stable. The rider then 

brought a negligence action against owners of horse that bit her on the shoulder. In affirming the lower court's granting of summary judgment, the appellate court found that

rider's injury occurred in the context of her participation in the recreational sporting activity of horseback riding, for purposes of primary assumption of the risk principles. She was aware of the inherent risks in sporting events involving horses, had an appreciation of the nature of the risks, and voluntarily assumed those risks.
Time for a Sharper Legal Focus
TN - Assistance Animal - Assistance Animal/Guide Dog Laws The following statutes comprise the state's relevant assistance animal and guide dog laws.
TN - Bovine - Chapter 21. Liability of Bovine Owners This chapter operates similarly to equine activity liability laws and provides that a bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities. The section also requires the posting of warning signs alerting visitors to bovine activities that the owner or operator is not liable.
TN - Breeder -Part 7. Commercial Breeder Act (Expired June 30, 2014). In 2009, Tennessee enacted its Commercial Breeder Act. The act defines a commercial breeder as means any person who possesses or maintains, under the person’s immediate control, twenty (20) or more unsterilized adult female dogs or cats in this state for the purpose of selling the offspring as companion animals. Commercial breeders must maintain and display licenses to operate in accordance with the act. Further, the act requires commercial breeders to keep on file at all times the number of dogs and cats in their possession and how many were sold during the reporting period. Inspections may occur under the act, but are not mandatory.
TN - Breeders - Chapter 1200-33-01. Commercial Breeders This chapter of Tennessee regulations implements the Commercial Breeder Act, T.C.A. § 44-17-701, et. seq. The section requires that a commercial breeder apply for license and comply with licensure requirements. Standards of care are governed by the federal regulations for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats under the Animal Welfare Act, found at 9 CFR §3.1 through 3.19.
TN - Cruelty - Consolidated Cruelty Statutes These Tennessee anti-cruelty provisions define "animal" as a domesticated living creature or a wild creature previously captured. A person commits the offense of cruelty to animals (a Class A misdemeanor) if he or she intentionally or knowingly tortures, maims or grossly overworks an animal; fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody; abandons unreasonably an animal in the person's custody; transports or confines an animal in a cruel manner; or inflicts burns, cuts, lacerations, or other injuries or pain. Animal fighting is also prohibited under this section, with dog fighting incurring a felony penalty and cockfighting resulting in a misdemeanor in most cases. A person commits aggravated cruelty (a Class E felony) to animals when, with aggravated cruelty and with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal. Exclusions include animal farming, research, veterinary practices, hunting, trapping, "dispatching" rabid animals or wild animals on one's property, among other things.
TN - Cruelty, reporting - Part 4. Cross Reporting of Animal Cruelty This Tennessee statute requires employees of child or adult protective service agencies to report animal cruelty, abuse, or neglect that they know or reasonably suspect to have occurred in their county. The statute also describes the amount of time that an employee may have to make a report and ensures the confidentiality of the employee. The statute also makes clear that it does not impose a duty on the employee to investigate known or reasonably suspected animal cruelty, abuse, or neglect.
TN - Dangerous Animals - § 39-17-101. Dangerous snakes or reptiles; handling This Tennessee law makes it an offense for a person to display, exhibit, handle, or use a poisonous or dangerous snake or reptile in a manner that endangers the life or health of any person. Violation is a Class C misdemeanor.
TN - Dangerous dog - § 44-17-120. Death or serious injury; destruction of dogs This Tennessee statute provides that any dog which attacks a human and causes death or serious injury may be destroyed upon the order of the circuit court where the attack occurred. The owner shall be given notice that if he or she does not appear before the court within five days and show cause why the dog should not be destroyed, then the order shall issue and the dog shall be destroyed. This statute also allows certain counties to make ordinances to petition a general sessions court to provide for the disposition of dangerous dogs and/or dogs causing death or serious injury to humans or other animals.

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