Who is liable if a dog bites me in Tennessee?

1. Liability Standard

Tennessee combines strict liability with the one-bite rule under the Dianna Acklen Act, Tenn. Code Ann. § 44-8-413. Strict liability applies when the dog runs at large; on residential property, plaintiff must prove the owner knew or should have known of vicious propensities.

2. Statutory Elements (Running-at-Large Strict Liability)

Plaintiff must show: (a) defendant owned the dog; (b) the dog was running at large (not under reasonable control); (c) the dog caused injury; and (d) plaintiff was in a public place or lawfully on private property.

3. Common-Law "One-Bite" Doctrine

For bites on the owner's residential property, plaintiff must prove scienter — prior bites, growling, lunging, "Beware of Dog" signs, or guard-dog training.

4. Trespasser Defense

Trespassers cannot recover. The "residential exception" further limits recovery on the owner's premises.

5. Provocation Defense

Provocation is a defense. Owners of police, military, or professionally trained dogs receive additional protection.

6. Comparative Fault

Tennessee's modified comparative-fault rule (McIntyre v. Balentine) bars recovery if plaintiff is 50% or more at fault.

7. Landlord Liability

A landlord can be liable only with actual knowledge of the dog's vicious propensities and ability to remove the dog.

8. Homeowner's Insurance

Tennessee homeowner's policies typically cover dog bites; breed exclusions are common.

9. Damages

Medical bills, lost wages, scarring, disfigurement, and pain and suffering. Future surgeries recoverable.

10. Criminal Liability

Under Tenn. Code Ann. § 39-17-101, owners may face misdemeanor or felony charges for serious injury or death caused by their dog, especially if previously declared dangerous.

This is legal information, not legal advice.