What to Expect During a Dog Bite Lawsuit

Dog bite injuries can be traumatic, both physically and emotionally. At The Law Offices of John Day, P.C., we understand the difficult path victims face following an unprovoked dog attack. With offices conveniently located in Brentwood, Nashville, and Murfreesboro, our legal team provides guidance and representation to individuals and families throughout Middle Tennessee. If you or a loved one has suffered from a dog bite in Nashville, Davidson County, or the surrounding areas, it’s important to understand what to expect during a dog bite lawsuit—and how our firm can help protect your rights and secure compensation. Our phone number is (615) 742-4880, and we are available to speak with you about your case.

Tennessee’s Dog Bite Law: The Donna Acklen Act and Legal Responsibility

In Tennessee, liability for injuries caused by dogs is governed in part by a statutory framework known as the “Donna Acklen Act,” codified at Tennessee Code Annotated § 44-8-413. This statute establishes a clear standard of strict liability in cases where a dog causes injury while “running at large.” Specifically, the statute holds a dog’s owner responsible if the dog injures a person in a public place or lawfully in a private place and was not under the reasonable control of the owner or confined.

The statute includes several key exceptions. Under T.C.A. § 44-8-413(c), owners are not liable if the injury was caused by a military or police dog performing official duties, if the injured person was trespassing on private non-residential property, if the dog was confined within a secure enclosure, or if the dog was provoked. Additionally, there is what is commonly referred to as the “residential exception”—a provision stating that if the injury occurs on the dog owner’s residential, fenced, or enclosed property, the strict liability standard does not apply. Instead, the victim must prove that the dog’s owner knew or should have known about the dog’s dangerous tendencies. This standard resembles a more traditional negligence framework and typically requires evidence of prior bites or aggressive behavior.

Case Law Interpretation and Historical Context

The Donna Acklen Act was named in memory of a woman tragically killed by roaming dogs in Franklin County. That event, and the outcry that followed, spurred the Tennessee Legislature to clarify owner responsibility for dogs not reasonably restrained. Over the years, appellate courts in Tennessee have affirmed the application of this statute while narrowing and defining its exceptions. Courts have made clear that victims bitten on private property must demonstrate that the dog’s owner had knowledge—either actual or constructive—of the animal’s propensity for aggression. This analysis can hinge on past complaints, previous bites, or statements made to or by the owner regarding the dog’s behavior.

For example, in cases where a victim is injured by a dog within the owner’s yard or home, simply proving the bite occurred is not enough. The court will assess whether there is evidence that the owner failed to act on warning signs or neglected to contain a dangerous animal. This nuanced distinction underlines the importance of gathering comprehensive evidence early in the legal process.

Immediate Steps After a Dog Bite

The period following a dog bite is critical to building a strong legal claim. Victims should seek prompt medical attention for both treatment and documentation. Bites can lead to infections, scarring, disfigurement, nerve damage, and psychological trauma. Medical records serve as essential proof of injury. Photographs of the wound, the scene, and the dog (if safely obtainable) can be powerful in establishing what occurred. It is also important to identify the dog’s owner, request their insurance details, and gather contact information for any witnesses. If animal control or law enforcement respond, a copy of their report may become a central piece of evidence.

At our firm, we advise victims to document their recovery process, including pain levels, emotional distress, and interruptions to daily life. Maintaining a journal can help paint a vivid picture of the impact the injury has had on physical and mental well-being.

The Legal Process: From Consultation to Trial

When a potential client contacts The Law Offices of John Day, P.C., the first step is a free initial consultation. During this meeting, we listen carefully to the details of the incident, review any documentation the client may have, and explain the potential legal paths forward. If we move forward with the case, we begin an immediate investigation. Our team collects medical records, photographs, veterinary records, and any relevant correspondence. We may speak with witnesses, request surveillance footage, and obtain records from animal control or public health authorities.

In evaluating liability, we assess whether the strict liability standard under T.C.A. § 44-8-413 applies or if the case must be pursued under a negligence theory. In many cases, the presence or absence of provocation, the location of the incident, and the dog’s past behavior will determine which standard is appropriate. Even when strict liability is unavailable, owners can be held responsible for failing to properly secure or supervise their dogs if a reasonable person in their position would have anticipated the risk of injury.

If appropriate, we prepare a demand letter and begin negotiating with the dog owner’s homeowner’s or renter’s insurance provider. Insurers may attempt to minimize their payout or deny liability outright. Our firm handles all communications with the insurance company, ensuring that our clients are not pressured or misled. If the case cannot be resolved through negotiation, we proceed with filing a lawsuit.

The lawsuit begins with the filing of a complaint in the appropriate court. Tennessee law generally provides a one-year statute of limitations for personal injury claims, including dog bite injuries. That means victims must act promptly to preserve their rights. After the complaint is filed, the defendant (typically the dog’s owner) is served and has the opportunity to respond. The case then enters a discovery phase, where each side exchanges documents, conducts depositions, and builds their legal theories.

We work closely with our clients throughout this phase, helping them prepare for depositions, responding to interrogatories, and maintaining strong evidence of ongoing damages. In some cases, we may engage experts in veterinary behavior, plastic surgery, or psychology to support our client’s claims. Mediation may be scheduled in an attempt to reach a resolution before trial. If no settlement is reached, the case proceeds to trial before a judge or jury.

Damages Available to Dog Bite Victims

Victims of dog attacks may be entitled to a variety of compensatory damages. These include medical expenses, both current and anticipated, such as surgery, rehabilitation, and medications. Lost wages and loss of future earning capacity are also recoverable if the injury affects the victim’s ability to work. Pain and suffering—both physical and emotional—can represent a substantial portion of a claim, particularly in cases involving lasting scars or trauma. Disfigurement is a recognized category of damages under Tennessee law and often arises in dog bite cases where victims, especially children, are bitten on the face or arms.

In cases involving egregious misconduct by a dog owner—such as allowing a dangerous dog to roam freely despite prior attacks—punitive damages may be pursued. These are awarded not to compensate the victim, but to punish the wrongdoer and deter similar conduct.

The Role of Insurance in Dog Bite Claims

In most dog bite cases, the dog owner’s homeowner’s or renter’s insurance policy provides coverage. These policies generally include liability protection for injuries caused by pets. However, insurance companies are motivated to protect their own financial interests and may delay, deny, or attempt to undervalue legitimate claims. Some policies include breed exclusions or deny coverage for dogs with prior bite histories.

Our firm understands how to deal with insurers. We prepare strong, evidence-backed demand packages and push for fair compensation. In doing so, we document the full extent of medical treatment, employ illustrations or expert narratives when needed, and assert our client’s legal rights under both statutory and common law frameworks.

Why Choose The Law Offices of John Day, P.C.

For decades, The Law Offices of John Day, P.C. has represented injured individuals and families throughout Middle Tennessee. Led by John Day, a veteran trial lawyer and published legal author, our firm brings decades of courtroom experience and legal insight to each case. Our attorneys have been recognized by Super Lawyers, Best Lawyers in America, and other respected legal publications. However, what matters most is our commitment to helping victims recover and rebuild.

We accept dog bite injury cases on a contingency fee basis, which means we only get paid if we recover money for you. We also advance the costs of litigation, such as filing fees, expert witness fees, and deposition expenses. You pay nothing out of pocket. Our goal is to remove the financial burden of seeking justice and to help you focus on your healing.

We have a full-time nurse on staff to assist with understanding medical records and treatment plans. Our legal team takes a hands-on approach, keeping clients informed, answering questions promptly, and preparing thoroughly for every phase of litigation.

Your Rights and Legal Options

If you or a family member has been injured by a dog, the law may entitle you to significant compensation. But time is limited, and waiting to take action can make it harder to gather evidence or locate witnesses. It is important to consult with an attorney as soon as possible. At The Law Offices of John Day, P.C., we are prepared to take immediate steps to protect your rights.

We provide clear, practical advice about your options and next steps. Whether your case involves strict liability, negligence, or a more complex legal theory, we have the knowledge and resources to guide you toward a resolution. Dog bite cases can be legally and emotionally complex—but you do not have to go through it alone.

Contact Us Today

The Law Offices of John Day, P.C. has offices in Brentwood, Nashville, and Murfreesboro, and we proudly serve clients throughout Davidson County and the surrounding regions. If you are ready to speak with an attorney about your dog bite case, please call us today at (615) 742-4880. Our consultations are free, confidential, and designed to give you the answers you need. Whether your injury occurred in a park, on a sidewalk, or on private property, we can evaluate your case and explain the law that applies.

Don’t let insurance companies downplay your injuries or deny you the compensation you deserve. Contact us today and let us help you begin the process of healing and recovery.