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’d been aware of their dog’s prior aggression.
But Dianna’s death was different—it was preventable, senseless, and heartbreaking. Her story ignited outrage and spurred the legislature to act swiftly.
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:
Exceptions include:
Crucially, if the bite occurs on the owner’s home or farm, liability reverts to common law—owners are only strictly liable if they knew or should have known of dangerous propensities.
State bar groups and injury attorneys confirm: 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.
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 Acklen’s Act blocked all claims, but the court disagreed.
The court affirmed dismissal of the statutory strict liability claim because the dogs hadn’t bitten before and were on private boarding facility property.
But the court reversed dismissal of the common law negligence claim, confirming that even when Acklen isn’t triggered, owners can still be held responsible for failing to secure their dog.
In short, Hudson clarifies that Acklen doesn’t block negligence claims, keeping broader liability standards in play.
See below the liability standards for different dog bite contexts:
| Context | Liability Standard |
|---|---|
| Public place or other’s property | Strict liability – no proof of prior bite needed |
| Owner’s residential/farm property | Common law liability – need to show knowledge of danger |
| Boarding/grooming businesses | Negligence claims still available, per Hudson v. Gravette |
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. But 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.
Call Ponce Law for a free consultation—from dog bite claims to negligence cases, we’ve got you covered.