Tennessee’s Dog Bite Law: Strict Liability, the Residential Exception and the One-Bite Rule

You were walking down your street in Memphis when a neighbor’s dog got loose and bit you. Or you were visiting a friend’s house when their dog lunged without warning. Either way, you are now dealing with stitches, medical bills and the question of who pays.

Under Tennessee’s dog bite law, the answer depends heavily on one fact: where the bite happened. A bite on a public sidewalk is treated very differently from a bite inside the owner’s home.

This guide walks through Tenn. Code Ann. 44-8-413, the exceptions that dog owners and their insurers rely on, and what you need to prove in each situation. If you or your child was bitten, Greer Injury Lawyers offers a free consultation at 901-680-9777.

What Is Tennessee’s Dog Bite Law?

Tennessee’s dog bite law is Tenn. Code Ann. 44-8-413, passed in 2007 as the Dianna Acklen Act. It is named for a Tennessee woman killed in 2006 when three dogs attacked her in a residential neighborhood.

The statute says a dog owner has a duty to keep the dog under reasonable control at all times and to keep it from running at large. An owner who breaches that duty is liable for injuries the dog causes to someone in a public place, or someone lawfully on another person’s private property. That liability applies whether or not the dog ever showed aggressive tendencies before.

Before 2007, Tennessee followed the old common-law rule: an owner was generally liable only if they knew the dog was dangerous. The Act changed that for most bites, but kept the old rule in one important setting.

Where the Bite Happened Decides What You Must Prove

Where you were bitten	What you generally must prove
Public place (sidewalk, street, park, parking lot)	The owner failed to keep the dog under reasonable control. No proof of prior aggression needed.
Someone else’s private property, where you were lawfully present (not the dog owner’s)	Same as above. No proof of prior aggression needed.
The dog owner’s home, yard, farm or other noncommercial property, or property the owner rents or has permission to use	The owner knew or should have known the dog was dangerous (the residential exception).

When Is a Dog Owner Strictly Liable in Tennessee?

In a public place or on someone else’s property, Tennessee applies strict liability. You do not have to show the dog had bitten anyone before or that the owner was warned. You have to show the dog was not under reasonable control and that it injured you.

Common examples include a dog that slips its collar on a walk through Midtown, a dog that gets through a broken fence and attacks a jogger, or an off-leash dog at a park outside a designated off-leash area. The owner’s surprise that the dog acted that way is not a defense.

A leash does not automatically end the question. The duty is reasonable control, and an owner who cannot physically hold a large dog that pulls free has a hard time claiming the dog was under control.

Exceptions to Strict Liability Under 44-8-413

The statute lists five situations where strict liability does not apply:

1. The dog is a military or law enforcement dog performing its duties.
2. The injured person was trespassing on the dog owner’s private, nonresidential property.
3. The dog was protecting its owner or another innocent person from an attack by the injured person, or by the injured person’s dog.
4. The dog was securely confined in a kennel, crate or other enclosure.
5. The injured person provoked the dog by enticing, disturbing, alarming or harassing it.

Insurers raise provocation constantly, especially when a child is bitten. Petting a dog, walking past a yard or reaching for a ball is not the same as harassing an animal. Witness statements and the details of what happened in the seconds before the bite matter a great deal.

The Residential Exception and Tennessee’s One-Bite Rule

When a bite happens on residential, farm or other noncommercial property where the owner lives or has permission to be, the strict liability rule does not apply. Under Tenn. Code Ann. 44-8-413(c)(1), you must show the owner knew or should have known of the dog’s dangerous propensities.

This is what people mean by Tennessee’s “one-bite rule.” The name is misleading. You do not need proof of a prior bite. Evidence that the owner knew the dog was aggressive can include:

• Prior complaints to the owner, a landlord or Memphis Animal Services
• Earlier incidents of lunging, snapping or chasing people
• The owner’s own warnings, such as telling guests to stay away from the dog
• Training, muzzles or confinement measures the owner used because of aggression
• Statements the owner made after the bite (“he’s done this before”)

Tennessee courts have read “residential” broadly. In a recent decision, the Court of Appeals held that a dog park inside an apartment complex fell within the residential exception, so a resident bitten there had to prove the owner’s knowledge (Court of Appeals opinion). If you were bitten at an apartment complex, a friend’s house or a family gathering, expect the owner’s insurer to argue this exception. If the dog belonged to a tenant, the landlord may also be responsible in some cases. Learn more about landlord liability for a tenant’s dog bite.

Who Pays for a Dog Bite Injury?

In most cases, the dog owner’s homeowners or renters insurance pays. According to the Insurance Information Institute, these policies typically cover dog bite liability up to limits of $100,000 to $300,000. Insurers nationwide paid 28,450 dog-related injury claims in 2025, at an average of $65,450 per claim.

That average reflects how serious dog bite injuries can be. Deep puncture wounds, torn muscle and tendon damage, nerve injuries, infection and permanent scarring are common, especially on the face and hands. Children often need plastic surgery and follow-up procedures as they grow.

Damages in a Tennessee dog bite claim can include medical bills, future treatment and scar revision, lost wages, pain and suffering, and disfigurement. Learn how Tennessee’s damage caps apply to noneconomic damages. If the owner’s insurer is disputing what happened or downplaying your injuries, our Memphis dog bite attorneys can review the policy and the facts of your case.

What to Do After a Dog Bite in Memphis

1. Get medical care the same day. Dog bites carry a high risk of infection, and a doctor needs to assess rabies exposure.
2. Identify the dog and the owner. Get the owner’s name, address, phone number and the dog’s rabies vaccination status.
3. Report the bite. Physicians in Shelby County are required to report animal bites to the Memphis and Shelby County Health Department, and the dog may be placed under quarantine. You can also report it to Memphis Animal Services.
4. Photograph your injuries over several weeks, plus the location, any broken fence or open gate, and the dog if it is safe.
5. Get names and numbers of anyone who saw the attack or knows the dog’s history.
6. Don’t give a recorded statement to the owner’s insurance company before talking to a lawyer.
7. Then talk to a dog bite lawyer before you give any statement to the dog owner’s insurance company.

How Long Do You Have to File a Dog Bite Claim in Tennessee?

Generally one year from the date of the bite, under Tenn. Code Ann. 28-3-104(a)(1). That is a short window, and evidence like witness memory and the dog’s history fades quickly.

If the person bitten is a child, Tennessee law generally pauses the deadline until the child turns 18 under Tenn. Code Ann. 28-1-106. Parents should still act early, because the evidence does not wait. Our upcoming guide for parents of children bitten by dogs in Memphis covers this in more detail.

Frequently Asked Questions About Tennessee Dog Bite Law

Is Tennessee a strict liability state for dog bites?

Partly. Tennessee imposes strict liability when a dog bites someone in a public place or on property that does not belong to the dog’s owner. When the bite happens on the owner’s residential property, the injured person must prove the owner knew or should have known the dog was dangerous.

Does Tennessee have a one-bite rule?

Only for bites on the owner’s residential, farm or other noncommercial property. In that setting, you must show the owner knew or should have known of the dog’s dangerous tendencies. A prior bite is not required; earlier aggressive behavior or warnings can be enough.

What if I was bitten at a friend’s or relative’s house?

The residential exception likely applies, so you would need evidence the owner knew the dog was aggressive. The claim is usually paid by the owner’s homeowners or renters insurance, not out of your friend’s pocket, which is something many people don’t realize before they decide whether to pursue it.

What is the Dianna Acklen Act?

The Dianna Acklen Act is the 2007 Tennessee law, codified at Tenn. Code Ann. 44-8-413, that made dog owners strictly liable for most bites in public places. It is named for Dianna Acklen, who was killed by three dogs in 2006.

How long do I have to file a dog bite lawsuit in Tennessee?

In most cases, one year from the date of the bite. For a child, the deadline is generally paused until the child turns 18, but early investigation still matters.

Talk to a Memphis Dog Bite Lawyer

Dog owners’ insurers know the exceptions in Tennessee’s dog bite law, and they use them. Greer Injury Lawyers investigates where and how the bite happened, what the owner knew, and every policy that may cover your injuries. We have recovered more than $300 million for injured people and prepare every case as if it is going to trial.

Call 901-680-9777 for a free consultation, or contact us online. You pay no attorney’s fee unless we recover compensation for you. Learn more about how we handle dog bite cases.

This article is for general informational purposes only and does not constitute legal advice. Tennessee law cited includes Tenn. Code Ann. 44-8-413, 28-3-104 and 28-1-106. Laws change; consult a licensed Tennessee attorney about your situation. Prior results do not guarantee a similar outcome.