Tennessee Dog Bite Law

How dog bite liability works in Tennessee

Tennessee wrote its dog bite statute in 2007. Before that, the rule came from cases such as Fletcher v. Richardson, 603 S.W.2d 734 (Tenn. 1980): an owner was liable only if they knew or should have known the dog was vicious or dangerous⁵. The 2007 law, § 44-8-413, split the state in two. Off the owner's home ground, an owner who breaches the duty to keep the dog under reasonable control is liable regardless of the dog's history¹. On the owner's residential, farm or noncommercial property, the old knowledge rule survives as an element of the statute¹.

That split decides most Tennessee cases. A bite on a sidewalk, in a park or in a store is a statutory case. A bite at the owner's house, including a rented house or an apartment complex, is a knowledge case, and the Court of Appeals has repeatedly upheld dismissals where the victim had no proof of an earlier bite or warning signs^3,4,11. In Searcy v. Axley (2017) the court also held that the home-property rule replaces any common-law claim for those bites³.

The statute defines "owner" broadly: anyone who regularly harbors, keeps or controls the dog at the time of the injury, but not a temporary sitter, and not a landowner just because the dog lives on the land¹. In 2025 the court applied that definition to a boarding kennel².

The deadline is short. Tennessee gives one year for personal injury, among the shortest in the country, with two years only in narrow cases tied to a criminal prosecution⁷. Compare neighbors in the national table or the statute of limitations guide.

The Tennessee dog bite statute

An owner must keep the dog under reasonable control at all times and keep it from running at large. An owner who breaches that duty is liable for any damages to a person injured by the dog in a public place or lawfully on another's private property, whether or not the dog had shown dangerous propensities or the owner knew of them¹. If the injury happens on residential, farm or other noncommercial property that the owner owns, rents or is lawfully on, the claimant must prove the owner knew or should have known of the dog's dangerous propensities¹. "Owner" means whoever regularly harbors, keeps or controls the dog at the time, not a temporary keeper¹.

• Law: Tenn. Code Ann. § 44-8-413 (Civil liability for injury caused by dogs), enacted 2007; last changed 2016: "owner" definition clarified so land ownership alone does not make a landowner a harborer
• Injuries covered: Any injury the dog causes (bites, knock-downs, chases)
• Where: Only off the owner's property
• Who is liable: The owner, or a keeper or harborer
• Damages: All damages, under the ordinary rules

Other ways to prove liability

Tennessee's common-law rule is scienter: an owner or keeper who knew or should have known that a dog was vicious or dangerous is liable for failing to restrain it, and actual knowledge of a prior bite is not required if the owner had reason to know⁵. On the owner's home, farm or noncommercial property that rule is now written into § 44-8-413(c)(1), and Searcy v. Axley holds that it displaces any separate common-law or negligence claim against the owner for those bites^1,3. Proof matters: in Moore v. Gaut (2015) a dog's large size and breed alone did not show the owner should have known it was dangerous⁴. Where the no-knowledge rule of subsection (a) applies, the common-law claim survives alongside it; Hudson v. Gravette let a kennel worker pursue the dog's legal owners on that basis².

Defenses owners raise

Provocation

No liability under the statute if the injury resulted from the injured person enticing, disturbing, alarming, harassing or otherwise provoking the dog¹.

Trespassing

No statutory liability if the injured person was trespassing on the owner's private, nonresidential property¹. A trespasser on the owner's home property is already outside the no-knowledge rule, which covers only people in public or lawfully on another's property¹.

Other defense

No liability if the dog was protecting its owner or another innocent person from an attack by the injured person or that person's dog, or if the injury happened while the dog was securely confined in a kennel, crate or other enclosure¹.

Police dogs

Police and military dogs on duty are exempt only as to a person who took part in, or was suspected of, the conduct that brought the dog in. In Greenlee v. Sevier County (2018) the Court of Appeals held that a deputy bitten while lawfully at the scene was not barred¹².

Veterinarians and dog professionals

A kennel, groomer or daycare that regularly keeps a dog can be its statutory "owner" while the dog is there. In Hudson v. Gravette (2025) a kennel worker bitten by boarded dogs could not use the statute against the legal owners, but could still sue them at common law if they knew the dogs were vicious².

Shared fault

Modified comparative fault (barred at 50%) (McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)).

Tennessee replaced contributory negligence with modified comparative fault in McIntyre v. Balentine: your damages are cut by your percentage of fault, and you recover nothing if your fault is 50% or more of the total⁶. The dog bite statute expressly keeps the "prevailing Tennessee law of premises liability or comparative fault" for home-property bites¹. Provocation is not just a fault share under the statute; it is a full defense¹.

How the five fault systems compare: provocation, trespass and shared fault.

Tennessee dog bite statute of limitations

1 year (Tenn. Code Ann. §§ 28-3-104, 44-8-413(d))

A suit under the dog bite statute or at common law must be filed within one year of the bite^1,7. The period becomes two years only when criminal charges are brought against the person who caused the injury, the prosecution starts within one year, and the suit is against the person prosecuted; the courts read that extension strictly, and city civil citations do not trigger it⁷. Claims against a county, city or school system under the Governmental Tort Liability Act also have a one-year limit⁸.

Children. For a child under 18 at the time of the bite, § 28-1-106 stops the clock until the 18th birthday, so the child then has one year to sue⁸. Tate v. Shelby County Board of Education (2022) applied that tolling to a minor's one-year claim against a county⁸.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

You can recover medical costs, lost earnings and non-economic losses such as pain, scarring and emotional distress. Non-economic damages in most Tennessee civil cases are capped at $750,000, or $1,000,000 for a short statutory list of catastrophic injuries; the Tennessee Supreme Court upheld the cap in McClay v. Airport Management Services (2020)⁹. If the owner is convicted under the running-at-large statute, the criminal court must also order full restitution, including incidental and consequential damages¹. If a dog kills your pet, § 44-17-403 allows up to $5,000 in non-economic damages for the lost companionship¹.

Landlords and property owners

A landlord is not an "owner" under the statute just because the dog lives on the landlord's land¹. At common law a landlord is liable for a tenant's dog only if the landlord knew or had notice of the dog's vicious propensity and kept enough control over the premises to make the tenant remove or restrain it; in Woodson v. MEG Capital Management (2012) a lease that allowed eviction and left pets to the landlord's discretion was enough control to go to trial¹⁰. A landlord with no notice and no right to control the dog is dismissed, as in A.M. v. Masek (2025)¹¹. See the landlord liability guide.

Insurance

We found no Tennessee statute or insurance rule, as of October 2026, that limits homeowners or renters insurers' use of dog breed. No state law requires owners of biting dogs to carry liability insurance; a 2026 bill that would have required it, SB 1794, was tabled¹⁷.

More on coverage, breed exclusions and renters policies: dog bite insurance.

Bitten at a kennel, groomer or dog daycare

Tennessee's definition of "owner" covers anyone who regularly harbors, keeps or controls a dog at the time of the injury¹. In Hudson v. Gravette (May 2025) a boarding facility that the dogs' owners used regularly was the statutory owner while the dogs were in its care, so a kennel technician could not sue the legal owners under § 44-8-413². The Court of Appeals still reinstated her common-law claim: if the legal owners knew their dogs were vicious, the statute did not lessen their liability². The court noted that kennel-worker cases under strict liability statutes in California, Wisconsin, Connecticut, Ohio and Minnesota came out the same way². For workers' compensation and other options, see dog bites at work.

Why the place of the bite matters so much

Most Tennessee appeals turn on subsection (c). If the bite happens on residential, farm or other noncommercial property where the dog's owner lives or is lawfully present, the victim must prove the owner knew or should have known the dog was dangerous¹. The courts have applied this to a child bitten at a family friend's home (Searcy, 2017), a technician bitten through a backyard fence (Moore, 2015) and a child bitten at a rented house (A.M. v. Masek, 2025), and in each the claim failed for lack of proof of the dog's history^3,4,11. Evidence that can meet the burden includes earlier bites, aggressive behavior, warnings, complaints to the owner or animal control, and the owner's own statements^5,11. Bites in stores, workplaces, parks and streets are judged under subsection (a) instead^1,2.

Bite reports and quarantine

The Department of Health asks that every animal bite be reported to the local health department and the local animal control office¹⁴. Local rules add duties: in Knox County, medical providers and veterinarians must report a possible human rabies exposure immediately¹⁵. The bite investigation is handled by the department or the animal control program in the county or city where the owner or the victim lives¹³.

A dog that bites a person is observed for 10 days from the bite, whether or not it is vaccinated¹⁴. The statute leaves the place to the health department or animal control: observation may be at the owner's home at their discretion, otherwise in a shelter or other approved confinement¹³. Hiding a dog to avoid observation is a Class C misdemeanor¹³.

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on Tennessee dangerous dog law.

Questions about Tennessee dog bite law

Is Tennessee a one-bite state?

Only on the owner's own home, farm or other noncommercial property, where you must prove the owner knew or should have known the dog was dangerous¹. Anywhere else you were lawfully present, the statute makes the owner liable for failing to control the dog without any proof of the dog's history¹. See the one-bite rule guide.

What is the statute of limitations for a dog bite in Tennessee?

One year from the bite for a personal injury suit⁷. It becomes two years only if the person at fault is criminally prosecuted within a year and you sue that person⁷. A child's deadline does not start until age 18⁸.

Can I sue if a dog bit me at a friend's house in Tennessee?

Yes, but you must show the owner knew or should have known of the dog's dangerous propensities¹. Tennessee courts have dismissed such cases where the only evidence was the bite itself or the dog's size^3,4. Proof of earlier bites, growling or lunging, or warnings to the owner can change that¹¹.

Can a dog owner go to jail in Tennessee if their dog bites someone?

If a dog running at large causes serious bodily injury, the owner can be charged with a Class E felony, and a Class D felony if the victim dies¹. Injuries short of serious bodily injury are a fine-only misdemeanor¹. See criminal charges after a dog bite.

Will a dog be put down after biting someone in Tennessee?

Not automatically. A bite leads to a 10-day observation¹⁴. A judge can order the dog destroyed only on the district attorney's petition after an attack causing death or serious bodily injury, and only after the owner has had five days to show cause¹. Local ordinances in larger counties can add their own procedures¹.

Does a police dog bite count under Tennessee's statute?

Police and military dogs on duty are exempt only for people who took part in, or were suspected of, the conduct that brought the dog in¹. Bystanders and fellow officers are not covered by that exemption, as Greenlee v. Sevier County held for a deputy¹². See police dog bites.

Official contacts

Sources

1. Tennessee Code Annotated §§ 44-8-408, 44-8-413, 44-17-120, 44-17-403 (consolidated dog laws, text as of Jan. 2026), Animal Legal & Historical Center, Michigan State University College of Law. Checked 17 October 2026.
2. Hudson v. Gravette, No. M2022-01787-COA-R3-CV (Tenn. Ct. App. May 8, 2025), CourtListener (Court of Appeals of Tennessee opinion). Checked 17 October 2026.
3. Searcy v. Axley, No. W2017-00374-COA-R3-CV (Tenn. Ct. App. Oct. 19, 2017), CourtListener (Court of Appeals of Tennessee opinion). Checked 17 October 2026.
4. Moore v. Gaut, No. E2015-00340-COA-R3-CV (Tenn. Ct. App. Dec. 30, 2015), CourtListener (Court of Appeals of Tennessee opinion). Checked 17 October 2026.
5. Fletcher v. Richardson, 603 S.W.2d 734 (Tenn. 1980), CourtListener (Tennessee Supreme Court opinion). Checked 17 October 2026.
6. McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), CourtListener (Tennessee Supreme Court opinion). Checked 17 October 2026.
7. Sandridge v. Henderson, No. W2024-00242-COA-R10-CV (Tenn. Ct. App. Dec. 19, 2024), quoting Tenn. Code Ann. § 28-3-104, CourtListener (Court of Appeals of Tennessee opinion). Checked 17 October 2026.
8. Tate v. Shelby County Board of Education, No. W2020-01639-COA-R3-CV (Tenn. Ct. App. Mar. 25, 2022), quoting Tenn. Code Ann. § 28-1-106, CourtListener (Court of Appeals of Tennessee opinion). Checked 17 October 2026.
9. McClay v. Airport Management Services, LLC, 596 S.W.3d 686 (Tenn. 2020), CourtListener (Tennessee Supreme Court opinion). Checked 17 October 2026.
10. Woodson v. MEG Capital Management, Inc., 395 S.W.3d 140 (Tenn. Ct. App. 2012), CourtListener (Court of Appeals of Tennessee opinion). Checked 17 October 2026.
11. A.M. v. Masek, No. W2024-01412-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2025), CourtListener (Court of Appeals of Tennessee opinion). Checked 17 October 2026.
12. Greenlee v. Sevier County, No. E2017-00942-COA-R3-CV (Tenn. Ct. App. Apr. 26, 2018), CourtListener (Court of Appeals of Tennessee opinion). Checked 17 October 2026.
13. Tennessee Anti-Rabies Law, Tenn. Code Ann. §§ 68-8-101 to 68-8-113, Animal Legal & Historical Center, Michigan State University College of Law. Checked 17 October 2026.
14. Rabies Education & Prevention, Tennessee Department of Health. Checked 17 October 2026.
15. Rabies Information, Knox County Health Department. Checked 17 October 2026.
16. Tenn. Code Ann. § 39-17-1363 (violent felons; custody of dogs), Animal Legal & Historical Center, Michigan State University College of Law. Checked 17 October 2026.
17. Lawmakers table bill that would've created 'dangerous dog registry' in Tennessee (Mar. 27, 2026), WSMV 4 Nashville. Checked 17 October 2026.
18. Selmer, Tenn., Municipal Code §§ 10-301 to 10-306 (Ord. 574, 2008), archived copy, Animal Legal & Historical Center, Michigan State University College of Law. Checked 17 October 2026.