United States

Summary: 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.

Summary: Under Tennessee's Domestic Abuse Act, the definition section states that "abuse" includes inflicting, or attempting to inflict, physical injury on any animal owned, possessed, leased, kept, or held by an adult or minor. Section 606(9) allows the court to direct the care, custody, or control of any animal owned, possessed, leased, kept, or held by either party or a minor residing in the household. Further, in no instance shall the animal be placed in the care, custody, or control of the respondent, but shall instead be placed in the care, custody or control of the petitioner or in an appropriate animal foster situation.

Summary: The following statutes comprise the state's relevant assistance animal and guide dog laws.

Summary: These Tennessee statutes comprise the Tennessee Nongame and Endangered or Threatened Wildlife Species Conservation Act of 1974 and includes the legislative intent, definitions, and factors relevant to endangered species investigations. By statute, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife, or for any common or contract carrier knowingly to transport or receive for shipment nongame wildlife. Violation constitutes a Class B misdemeanor and incurs warrantless searches and seizure of the wildlife taken and the instrumentalities used in the taking.

Summary: This statute specifically allow vets to hold an animal until a bill is paid for treatment, board or care of an animal.

Summary: This act stipulates that an equine sponsor or equine professional, or any other person, including corporations and partnerships, are immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: a person, corporation, or partnership will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.

Summary: This Tennessee statute provides that a pet owner may seek non-economic damages up to $5,000 for the death of his or her pet against the person who is liable for causing the death or injuries that led to the animal's death. The person causing the pet's death must have done so intentionally or, if negligently, the incident must have occurred either on the owner or pet caretaker's property or while in the control and supervision of the caretaker. These damages are not for the intentional infliction of emotional distress of the owner or other civil claim, but rather for the direct loss of "reasonably expected society, companionship, love and affection of the pet."

Summary: This Tennessee trust law, amended in 2007, provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one (1) animal alive during the settlor's lifetime, upon the death of the last surviving animal. The trust may not be enforced for more than 90 years.

Summary: This Tennessee statute provides the requirements for the claimant's burden of proof under malpractice actions, including, inter alia, the proof that the defendant's actions fell below the recognized standard of acceptable professional practice in the community, proximate cause, and proof by a preponderance of the evidence that defendant's actions were negligent.

Summary: South Dakota's pet trust law was enacted in 2006. Amendments to the law in 2018 provide that trusts for the care of a designated animal or animals are valid.