Dog Bite Liability Laws in Memphis

Dogs bring so much joy into the lives of pet owners and animal lovers alike. From walks in Overton Park to the busy streets of Cooper-Young and even scenic trails on the Shelby Farms Greenline, Memphis is a city where dogs and their humans are a common sight. While our furry friends are often well-behaved and loving companions, the unfortunate reality is that dog bites and attacks do happen. If you've been bitten by a dog, you likely have many questions. Who's responsible? What are your rights as a victim? What steps should you take to ensure your safety and protect your legal interests? Understanding dog bite liability laws in Memphis, Tennessee, can provide clarity during a difficult time—and empower you to take the right steps forward.

Tennessee’s Dog Bite Liability Laws

Tennessee’s dog bite laws are unique in that they blend elements of both strict liability and negligence. Here’s a look at the key aspects of these laws and how they work.

"Strict Liability" for Dog Owners

Under Tennessee law, dog owners face strict liability for injuries when their dog bites someone in a public place or when a bite occurs on private property where the victim is lawfully present. This means the owner is legally responsible for the injury, even if the dog has never bitten anyone before or shown any signs of aggression.

For example, if someone is jogging along the Shelby Farms Greenline and a dog suddenly lunges and bites them, the owner could be held liable simply because their dog caused harm. This rule eliminates the need for victims to prove whether the owner knew their dog was dangerous.

Exceptions for Strict Liability

Tennessee’s strict liability law for dog bites, established under the Dianna Acklen Act of 2007, created strong protections for victims. However, there are several important exceptions to the rule. These exceptions recognize that not all situations involving a dog bite should lead to owner liability. For instance, dog owners are generally not held liable for bites that occur under the following circumstances:

Military or Police Dogs: If a trained military or police dog inflicts injuries in the line of duty, the strict liability law does not apply.
Trespassing: If the injured person was trespassing on the dog owner’s private, nonresidential property, the dog owner is not liable.
Self-Defense by the Dog: The law makes allowances for dogs protecting their owners or an innocent party during an attack. For example, if the injured person was threatening harm to the dog’s owner, liability may not be imposed.
Secure Confinement: Injuries caused while the dog was securely confined in an enclosure, such as a crate or kennel, are not subject to strict liability.
Provocation: If the injured person was provoking, harassing, or alarming the dog, the owner’s liability is reduced.

One critical provision of the law is the “residential exception.” If the injury occurs on the dog owner's residential, farm, or other non-commercial property—or with the landowner’s permission—liability cannot be imposed unless the victim proves the owner knew or should have known of the dog’s dangerous tendencies. This mirrors elements of the old “first-bite rule,” making it more difficult for victims to claim damages in these specific circumstances.

The “One Bite Rule” No Longer Applies

Until 2007, Tennessee followed the outdated “one-bite rule,” which essentially meant a dog owner wasn’t held liable unless their dog had previously bitten or shown signs of aggression. This offered owners a kind of “free pass” for the first incident, leaving victims with little recourse for their injuries.

However, the introduction of the Dianna Acklen Act of 2007 abolished the one-bite rule and replaced it with a strict liability standard under defined conditions. Now, dog owners bear responsibility for bite-related injuries if the incident happens in a public space or on private property where the victim is lawfully present—without the need for victims to prove prior incidents of aggression.

While this change marked significant progress in protecting victims, the residential exception and other provisions temper the overall scope of the law, placing some burden back on victims to show fault in specific scenarios. Understanding these nuances can be complicated, but they are crucial in determining both owner accountability and victim rights.

Dangerous Dog Laws in Memphis

Memphis and Shelby County have additional regulations to protect residents from dangerous dogs. Local animal control authorities have the power to declare a dog "dangerous" if it has a history of attacking people or other animals. Once deemed dangerous, the owner must take extra precautions, such as securely confining the dog, muzzling it in public, and obtaining special liability insurance.

Failing to comply with these requirements can significantly increase an owner’s liability if another bite or attack occurs.

Who Is Responsible in a Dog Bite Case?

Liability in a dog bite case generally falls on the dog owner. However, there are circumstances where additional parties may share responsibility.

Landlords or Property Owners: If a landlord or property owner knowingly allows a tenant to keep a dangerous dog on their premises, they may share liability if the dog bites someone. For example, a landlord in Cooper-Young who ignores complaints about a tenant’s aggressive dog could face legal consequences if the dog attacks a visitor or passerby.
Dog Walkers or Sitters: Individuals temporarily responsible for a dog—such as professional dog walkers or pet sitters—may also be held liable if they fail to control the dog during an attack.
Businesses: If an attack occurs on the premises of a business, such as an outdoor café on Broad Avenue or a doggie daycare, and the business owners were negligent in allowing a dangerous situation, they could share responsibility for the injuries.

Understanding who is responsible often requires an in-depth investigation into the circumstances surrounding the bite.

Your Rights as a Dog Bite Victim

Dog bite victims in Tennessee have important legal rights, including the right to compensation for their injuries. The law allows victims to recover damages for a variety of losses, such as medical bills, lost wages, and pain and suffering.

Medical Expenses

Dog bites can result in serious injuries, including puncture wounds, nerve damage, and infection. Victims often require immediate medical attention, follow-up care, and sometimes even surgery. Compensation can cover all these costs, ensuring you’re not left with a financial burden.

Lost Income

Severe dog bites can leave victims unable to work temporarily or, in extreme cases, permanently. If you’ve lost income due to a bite, you have the right to seek compensation for your financial loss.

Emotional Trauma

Dog bites aren’t just physical—they can also cause lasting emotional and psychological harm. Many victims, especially children, struggle with post-traumatic stress disorder (PTSD) or develop a lifelong fear of dogs. The law recognizes these emotional scars and allows victims to seek compensation for their pain and suffering.

Punitive Damages

If the dog owner’s behavior was particularly reckless—for example, if they allowed a known dangerous dog to roam freely—Tennessee courts may impose punitive damages to punish the owner and discourage similar behavior in the future.

Steps to Take After a Dog Bite

Being bitten by a dog is a traumatic experience, and it’s easy to feel overwhelmed in the immediate aftermath. Taking the right steps after a bite is crucial for your health and your legal case.

Seek Medical Attention: Dog bites can introduce bacteria that lead to serious infections, such as rabies or tetanus. Go to a doctor or emergency room immediately, even if the wound seems minor. Documenting your injuries with medical records will also support your case if you decide to pursue legal action.
Identify the Dog and Its Owner: Get the name and contact information of the dog’s owner or handler. If the dog is a stray, try to get a clear description and report it to Memphis Animal Services so they can locate the dog and test for rabies.
Contact Animal Control: Report the incident to Memphis Animal Services to ensure the appropriate steps are taken to investigate and prevent future attacks.
Document Everything: Take photos of your injuries, the location of the bite, and the dog (if possible). Write down what happened while the details are still fresh in your mind.
Consult an Attorney: Dog bite laws can be complex, and trying to handle your case on your own may jeopardize your rights. An attorney can help you understand your options and pursue the compensation you deserve.

Common Locations for Dog Bites in Memphis

Dog bites can happen anywhere, but certain areas of Memphis are more likely to see incidents simply because they attract larger numbers of people and pets.

Overton Park: With its walking paths, open spaces, and weekly gatherings like the Overton Park Community Farmers Market, it’s a popular spot for dog owners and dogs. Unfortunately, this also makes it a common location for bites if dogs become overexcited or aggressive.
Shelby Farms Greenline: This scenic trail is a favorite among joggers, cyclists, and dog walkers. The close proximity of people and pets can sometimes lead to unexpected conflicts between unfamiliar dogs.
Cooper-Young Neighborhood: With its pedestrian-friendly streets and outdoor dining options, dogs are frequent companions on the sidewalks of Cooper-Young. However, crowded areas can sometimes provoke anxious behavior in animals, increasing the risk of bites.
Local Dog Parks: Memphis boasts several dog parks where owners can bring their pets to run and play. While these spaces are great for socializing dogs, not all dogs are equally well-behaved or properly trained, leading to occasional incidents.

Common Dog Bite Injuries

Dog bites cause a range of physical and emotional injuries that can significantly impact victims. Physically, bites often result in puncture wounds, lacerations, or even nerve damage, which may impair mobility. Severe attacks might lead to broken bones or facial injuries, sometimes requiring surgery or resulting in permanent scarring. Even mild bites can carry a high risk of infection, with conditions like rabies, tetanus, or Pasteurella posing serious health dangers.

The emotional toll of a dog bite is equally challenging. Many victims experience post-traumatic stress disorder (PTSD), heightened anxiety, or a lifelong fear of dogs. Visible scars or injuries may lead to social withdrawal or a lack of self-confidence.

Long-term effects can include chronic pain, permanent disfigurement, and financial burden due to ongoing medical care or lost wages. These injuries can also strain relationships, especially if the dog belonged to someone the victim knows.

Dog bites can disrupt lives in profound ways, leaving victims with physical, psychological, and financial challenges. Recognizing these impacts is the first step in pursuing justice and recovery. Make sure to seek immediate medical attention and support to begin the healing process.

Protecting Your Rights with Cory Watson Attorneys

Dog bite incidents are painful, both physically and emotionally. If you or a loved one has been bitten, you deserve justice. The Memphis dog bite lawyers at Cory Watson Attorneys have more than 40 years of experience holding negligent dog owners accountable and fighting for the rights of injury victims across Memphis and the surrounding communities.

Our compassionate legal team understands how difficult this experience can be, and we’re here to guide you every step of the way. From helping you understand your rights under Tennessee law to building a strong case on your behalf, we’re dedicated to securing justice and fair compensation for you.

Dog bites can change lives in an instant. You deserve a trusted advocate who will handle every detail of your case while you focus on healing. Contact Cory Watson Attorneys today at (901) 479-0227 or through our online form for a free consultation, and take the first step toward recovery. Your well-being is always our top priority.