Understanding the “One Bite Rule”

What Is the “One Bite Rule”?

The term “One Bite Rule” often causes confusion among dog bite victims in Tennessee. Many people mistakenly believe that the law allows dog owners one “free” bite before they can be held liable for injuries their dog causes. While this concept has historical roots in the common law, modern Tennessee law incorporates both statutory and common law principles that go beyond this simplistic notion. Understanding what the “One Bite Rule” actually means—and how it applies under Tennessee law—is essential for anyone seeking to bring a dog bite claim.

At the Law Offices of John Day, P.C., our team helps individuals injured in dog attacks pursue full and fair compensation. With offices in Brentwood, Nashville, and Murfreesboro, we proudly serve victims in Davidson County and across Middle Tennessee. Our approach to dog bite cases is rooted in a thorough understanding of evolving legal standards, practical evidence gathering, and strong courtroom advocacy.

The Origins of the “One Bite” Standard in Common Law

The “One Bite Rule” comes from English common law, which was adopted in many American jurisdictions before dog bite statutes were passed. Under this rule, a dog owner would generally not be held liable the first time their dog bit someone, unless they had prior knowledge that the dog was dangerous. Once a dog had demonstrated aggression, such as through a prior bite or threatening behavior, the owner was deemed to be on notice and could then be held responsible for subsequent injuries.

This legal standard placed the burden of proof squarely on the victim, who had to show that the dog had a known history of viciousness and that the owner knew or should have known about it. This approach made it particularly challenging to recover damages after a first-time attack, even in cases involving serious injuries. Courts would often look to previous bites, reports from neighbors, signs warning of an aggressive dog, or statements made by the owner as indicators of knowledge.

How Tennessee Applies the Rule Today

Although Tennessee still applies principles rooted in common law for certain claims, the state has also enacted a specific dog bite statute. Tennessee Code Annotated § 44-8-413 provides that a dog owner can be held strictly liable for injuries caused by their dog under certain circumstances, regardless of the dog’s past behavior. This means that the “One Bite Rule” is no longer the sole legal doctrine applicable to dog bite cases in Tennessee.

However, the statute includes several exceptions. One of the most significant is the “residential exception,” which applies when a dog attack occurs on the owner’s residential, non-commercial property. In these situations, the victim cannot rely solely on strict liability and must instead prove that the owner knew or should have known the dog was dangerous. This is where the traditional “One Bite Rule” analysis becomes relevant again. The plaintiff must demonstrate that the dog had displayed aggressive tendencies and that the owner failed to take proper precautions.

The statute also excludes liability if the victim was trespassing, provoking the dog, or if the dog was working in a law enforcement or military capacity. These statutory provisions emphasize the importance of analyzing the context in which the bite occurred, including the location, the behavior of the parties, and the dog’s history.

How Tennessee Courts Interpret Owner Knowledge

Tennessee courts have addressed the question of owner knowledge in various rulings. Courts have considered whether the owner took steps to restrain the dog, warned others of its behavior, or had previously been cited by animal control. These factors contribute to a broader picture of whether the owner breached their duty to prevent foreseeable harm. Tennessee law does not require that a dog bite someone before the owner becomes liable. Instead, the law asks whether the owner should reasonably have known the dog posed a risk.

How Strict Liability Differs from the “One Bite Rule”

Strict liability under Tennessee law creates a more straightforward path to recovery in many dog bite cases. If a bite occurs in a public space—such as a sidewalk, park, apartment complex, or business—or on private property where the victim was legally present, the victim does not have to prove the dog had a history of aggression or that the owner acted negligently. This approach removes some of the evidentiary burdens that were common under the traditional “One Bite Rule.”

That said, the residential exception often puts victims back in the position of having to prove what the owner knew or should have known. That makes thorough investigation critical. While some cases clearly qualify under strict liability, others straddle the line between the statute and common law. Our legal team understands how to determine the best approach based on the facts of each case, including the location of the attack, the dog’s behavior history, and the property owner’s actions.

Why It Matters Whether the Rule Applies to Your Case

Whether your case falls under strict liability or requires proof of negligence can significantly affect your chances of success and the strategy your legal team will follow. If the facts support strict liability, we will focus on demonstrating that the statutory conditions are met and that no exceptions apply. If we must proceed under a negligence theory, we will gather evidence of prior aggression, complaints from neighbors, witness statements, and any available animal control records to show that the dog owner failed to take proper precautions.

We also pay close attention to how liability can be challenged by the defense. Dog owners and insurers often try to shift blame to the victim by claiming trespass, provocation, or comparative fault. Tennessee follows a modified comparative fault rule. If the victim is found to be 50 percent or more at fault, they cannot recover damages. If the victim is found less than 50 percent responsible, their damages will be reduced proportionally. This makes it all the more important to have experienced counsel in your corner building a comprehensive case from the start.

The Importance of Prompt Action and Legal Experience

Acting quickly after a dog bite incident can dramatically improve your ability to recover compensation. Over time, witnesses become harder to locate, memories fade, and physical evidence may be lost. If the dog has a history of prior incidents, we want to preserve those records before they are altered or removed. Medical documentation, photos of injuries, and witness statements all become vital pieces of evidence.

Tennessee law also imposes a short deadline on personal injury claims. Under Tennessee Code Annotated § 28-3-104, the statute of limitations for filing a lawsuit for a dog bite injury is one year from the date of the incident. Missing this deadline can permanently bar you from bringing a claim, no matter how strong the facts may be. If a child is injured, the time period may be extended, but early intervention is still strongly recommended to protect the child’s interests.

Our firm not only investigates the scene and the dog’s history, but also consults medical professionals, behavioral experts, and economists when necessary to document the extent of your injuries and losses. These cases often involve physical scars, psychological trauma, and lost income. We seek full compensation for both economic and non-economic damages.

Case Results That Overcome the One Bite Misconception

We have represented many individuals who initially believed they had no case because the dog had never bitten before. In one case, a jogger was attacked by a dog that had previously escaped its yard and barked at passersby but had never bitten anyone. Our investigation uncovered prior animal control complaints and witness statements about the dog’s history of aggressive behavior. Despite no prior bite, we demonstrated that the owner should have been aware of the danger.

In another case, a child was bitten at a family barbecue hosted at a private residence. The dog had bitten a different child several months earlier, but the owner claimed it was an isolated incident. We obtained medical records and spoke to the previous victim’s family, showing a pattern of conduct. That allowed us to pursue a negligence claim successfully under the residential exception.

Even when strict liability applies, the defendant may dispute the facts of the incident, claim provocation, or suggest the victim was somewhere they weren’t supposed to be. We are prepared for these defenses and build cases that anticipate and rebut these arguments with solid documentation and legal reasoning.

How Our Firm Can Help You Move Forward

At the Law Offices of John Day, P.C., we approach dog bite cases with a blend of legal experience, strategic investigation, and compassionate representation. Our founder, John Day, is a widely respected attorney and author of Day on Torts: Leading Cases in Tennessee Tort Law. Our firm has received statewide and national recognition for our work on behalf of injury victims. While every case is different and past results do not guarantee future outcomes, our dedication to justice and client service is unwavering.

We understand that dog bite cases can be emotionally difficult, particularly when a child is involved or the dog belongs to someone the victim knows. We guide you through each step of the process with transparency, attention to detail, and genuine concern for your wellbeing. We handle the legal challenges so you can focus on healing and recovery.

If you or a loved one has been attacked by a dog and are unsure whether the “One Bite Rule” affects your claim, contact the Law Offices of John Day, P.C. today. Call (615) 742-4880 to schedule a free consultation. We do not charge any legal fees unless we recover compensation for you. Our offices in Brentwood, Nashville, and Murfreesboro make us accessible to victims across Middle Tennessee. Let us put our experience to work for you and help you secure the justice you deserve.