How Dianna Acklen’s Tragic Death Led Tennessee to End the ‘One-Bite’ Rule—and Why Hudson v. Gravette Matters Too

by

Michael D. Ponce

Last Updated August 14, 2025 In Dog Bite, Wrongful Death

A Harrowing Walk That Changed the Law

In December 2006, 60‑year‑old Dianna Acklen was casually walking near her Hendersonville home when she was suddenly attacked and killed by three unleashed dogs. Until then, Tennessee upheld the “one‑bite” common-law rule: owners were only strictly liable if they had been aware of their dog’s prior aggression.

Dianna’s story ignited outrage and spurred the legislature to act swiftly, because her death was different—it was preventable, senseless, and heartbreaking.

Introducing the Dianna Acklen Act of 2007

Within months, the Tennessee General Assembly passed the Dianna Acklen Companion Animal Liability Act. Now codified as Tenn.  Code  Ann. §  44‑8‑413, the Act abolished the one‑bite rule in most public settings.

Under the Act, a dog’s owner is strictly liable—even if unaware of any prior danger—if:

1. The dog was not under reasonable control or ran at large, and
2. The injury happened in a public place or on someone else’s lawfully occupied private property.

Exceptions include:

• Police or military dogs in the line of duty
• Trespassing victims
• Dogs defending their owner or an innocent person
• Dogs securely confined
• Victims who provoke the dog

In addition to these exceptions, if the bite occurs on the owner’s home or farm, liability reverts to the common law rule—owners are only strictly liable if they knew or should have known of their dog’s dangerous propensities.

What the Courts Say Since Acklen

• State bar groups and injury attorneys confirm that the Act abolished the first‑bite rule in public contexts.
• Unlike common law, victims now don’t need to show a dog’s past aggression—as long as it broke free or wasn’t restrained.
• The residential exception survives, adding complexity for bites that happen at home.

Hudson v. Gravette: Why It Matters Today

Just this year, Ponce Law scored an important win in Rebecca Hudson et al. v. Paul Gravette et al. before the Tennessee Court of Appeals. Hudson, a kennel technician, was injured while caring for two boarded bulldogs. The owners argued that the Acklen Act blocked all claims, but the court disagreed.

• The court affirmed dismissal of the statutory strict liability claim because the dogs had not bitten before and were on private boarding facility property.
• But the court reversed the dismissal of the common law negligence claim. The court confirmed that even when Acklen is not triggered, owners can still be held responsible for failing to secure their dog.

In short, Hudson clarifies that Acklen does not block negligence claims, keeping broader liability standards in play.

Lessons for Tennessee Dog Owners & Professionals

Final Thoughts

Dianna Acklen’s tragic death altered Tennessee’s legal landscape, by eliminating the “first-bite” rule in public settings through Tenn. Code Ann. § 44‑8‑413. Yet, Hudson v. Gravette shows that even when strict liability doesn’t apply, victims can still prevail under common law negligence.

At Ponce Law, we’re proud to have helped reinforce responsible dog ownership—through both heartfelt advocacy like Acklen, and diligent legal work in modern cases like Hudson. These milestones help ensure accountability and enhance safety for everyone in Tennessee.

Questions About Dog Bite Liability or Negligence?

Call Ponce Law at 615‑244‑4321 for a free consultation—from dog bite claims to negligence cases, we’ve got you covered.