Dog attacks happen throughout the LaFollette area, on walks through neighborhoods, in yards and on porches, in the parks and along the streets of Campbell County, and to letter carriers, delivery workers, and visitors going about their day.
A dog attack happens in a matter of seconds and can leave wounds, scarring, and a fear that lasts for years, and Tennessee law gives the person bitten a way to hold the dog owner accountable for the harm.
The state's dog-bite statute makes an owner strictly liable in many situations, meaning the injured person does not have to prove the owner knew the dog was dangerous. However, the law also draws a specific line for bites that happen on the owner's own residential property. Where a particular attack falls is what shapes the claim.
Fox & Farmer represents people bitten by dogs across Campbell County, holding the dog owner responsible under Tennessee law and pursuing the full recovery the law allows, with a free first consultation and no fee unless there is a recovery.
Below, you’ll find information about Tennessee's dog-bite law and its residential distinction, who can be responsible for an attack, the injuries dogs cause, how fault and compensation work, and where a claim is brought in Campbell County.
Tennessee's dog-bite law, the Dianna Acklen Act of 2007, codified at Tennessee Code Annotated section 44-8-413, establishes that a dog owner has a duty to keep the dog under reasonable control and to prevent it from running at large.
If a dog injures someone in a public place or while the person is lawfully on private property, the owner may be held liable under the Dianna Acklen Act without the injured person having to prove the owner knew the dog had dangerous tendencies, subject to the statute's exceptions and defenses.
This is a significant protection, because it removes the hardest thing an injured person would otherwise have to show, the owner's prior knowledge of the dog's dangerousness. Under the older common-law approach, a person injured by a dog usually had to prove that the dog had bitten someone before or had shown aggressive behavior that the owner knew about but failed to address.
The statute draws one important line, often called the residential exclusion. If the dog was on the owner's own residential, farm, or other noncommercial property at the time, strict liability does not automatically apply. The injured person must show that the owner knew, or should have known, of the dog's dangerous tendencies under the older "one-bite" approach.
The practical effect is that the same bite can proceed under different rules depending on where it happened: a bite on a public sidewalk or while a visitor was lawfully on the property may bring strict liability, while a bite on the owner's own residential property may require showing the owner's knowledge of the danger.
| Where the attack happened | What the injured person must show | The owner's exposure |
|---|---|---|
| A public place | The dog injured them; no prior knowledge needed | Strict liability under the Act |
| Lawfully on private property | The dog injured them; no prior knowledge needed | Strict liability under the Act |
| The owner's own residential property | The owner knew or should have known of the danger | The older one-bite standard |
The statute also recognizes defenses that can defeat or limit a claim, regardless of where the bite happened: the law generally does not reach a person who was trespassing or committing another tort, who provoked the dog, who was a veterinarian or other professional handling the dog in their work, or who was harmed by a police or military dog in the line of duty, or where the dog was confined in a way that should have kept it secure.
Knowing which rule and which defenses apply to a particular attack is the starting point of a dog-bite claim, and it turns on the specific facts of where and how the attack happened.
Yes. LaFollette is subject to both Tennessee's statewide "dogs running at large" law and local animal control ordinances that require owners to keep dogs under reasonable control rather than allowing them to roam freely. The City's Animal Control Department enforces laws regarding dogs running at large, nuisance animals, and animal bites.
A leash law violation does not automatically make a dog owner liable for every bite, but it can be important evidence that the owner failed to exercise reasonable control over the animal. For example, if a dog escapes a yard or is allowed to roam off-leash in a public area before attacking someone, those facts may support a negligence claim in addition to any rights the injured person has under Tennessee's dog-bite statute.
The dog's owner is the central responsible party in most attacks, but the owner is not always the only one. If someone other than the owner had custody and control of the dog at the time, a person who was keeping or walking it, that person may share responsibility for failing to control the animal.
Sorting out who had control of the dog when it attacked is part of establishing who answers for the harm. A dog being walked by a friend, boarded at a kennel, or left with a sitter at the time of an attack can draw that custodian into the claim alongside or instead of the owner, depending on who held control.
A property owner or landlord can sometimes be responsible, separate from the dog's owner. If a landlord knew that a dangerous dog was kept on the property and had the ability to remove it or require its removal, the landlord may bear responsibility under premises principles for an attack that the landlord could have prevented, a question that overlaps with any LaFollette premises liability claim.
This matters in practice because the dog's owner may have limited or no insurance, while a landlord or property owner may have coverage that can contribute to recovery from a serious injury. Insurance is what makes a recovery possible after a dog attack, and homeowner's or renter's insurance often provides the coverage to pay a dog-bite claim.
Without that coverage, even a clearly responsible owner may be unable to pay for a serious injury, so finding the policy that applies is what makes a meaningful recovery possible. If the dog's owner was a tenant, a renter's policy may apply; if a landlord shares responsibility, a separate policy may be available; and reaching the full measure of a serious injury may depend on finding every source of coverage.
Dog attacks can cause serious injuries, and they fall hardest on children, who are bitten most often and whose size makes head and facial wounds more likely. A dog's bite can cause deep puncture wounds, tearing and crushing injuries, nerve and muscle damage, and tissue loss. The wounds may become infected because a dog's mouth carries bacteria deep into the tissue.
Beyond the physical wounds, an attack can leave lasting facial scarring and disfigurement. The psychological harm, the fear of dogs, the nightmares, the anxiety, can be as lasting as the physical injuries, especially for a child who may carry that fear into adulthood.
The most severe attacks can be catastrophic or fatal. The Centers for Disease Control and Prevention's data on fatal dog attacks documents that dog attacks cause deaths each year, with young children at particular risk, a reminder that these are not always minor injuries.
The scarring and reconstruction a serious bite can require, and the deep psychological effects, mean a dog-bite claim, like any LaFollette personal injury claim, turns on harm that reaches well beyond the initial wound.
In LaFollette, a person seriously hurt in an attack is often taken first to the county's hospital, Tennova Healthcare - LaFollette Medical Center, with its 24-hour emergency department on East Central Avenue. The most critical injuries can be transferred to the Level I trauma center at the University of Tennessee Medical Center in Knoxville, about forty-five minutes to the south.
Because the location of the attack can change the rule that applies, a dog-bite case is built by establishing the facts that decide it: where the person was, whether they were lawfully present, what the dog did, and, if the residential exclusion is in play, what the owner knew about the dog. The evidence needed to answer these questions is easiest to obtain soon after the attack, before memories fade and records are lost.
The dog's history is often central, especially when the owner's knowledge of the dog's dangerousness is at issue. Prior complaints to animal control, earlier incidents the owner knew about, the dog's behavior toward others, and any history of aggression can establish that the owner knew or should have known the dog posed a risk.
Animal control records, veterinary records, and the accounts of neighbors who knew the dog can each help build that picture, which is why an official report and a prompt investigation matter.
The circumstances of the attack itself matter just as much. Witness accounts, photographs of the scene and the injuries, and the medical records that document the wounds all help establish how the attack happened and answer any claim that the injured person provoked the dog or was not lawfully present. Gathering this evidence early, while it is fresh, is what allows a claim to be built on facts rather than competing recollections.
Tennessee applies modified comparative fault, the rule from McIntyre v. Balentine, under which an injured person recovers only if found less than 50 percent at fault, with the recovery reduced by the share assigned and barred at 50 percent or more. In a dog-bite case, the owner's insurer may argue the injured person provoked the dog or was somehow at fault, which is why the circumstances of the attack matter.
If the injured person did nothing to provoke the dog and was lawfully present, the fault rests with the owner who failed to control the animal. The comparative fault analysis applies in addition to the dog-bite statute's own rules and defenses, so a claim is shaped by both the statute and the general fault principles at once.
Compensation in a serious dog-bite case must capture the full extent of the harm, the medical care, including any reconstructive surgery, the lost income, and the non-economic harm of scarring, disfigurement, and psychological injury. These damages can be significant, particularly for a child who will carry the scars and the fear for life.
The future cost of care, including the plastic surgery and a serious facial wound that may require years and the counseling that psychological harm may call for, can be the largest part of a serious claim. If a dog attack causes a death, as the most catastrophic attacks tragically can, the family's LaFollette wrongful death claim pursues the same responsible parties while measuring a far heavier loss.
Get medical care promptly, both because dog-bite wounds carry a real risk of infection and because the medical record documents the injury and ties it to the attack. Follow through on all recommended treatment, including any care for infection and any referral for reconstructive or psychological treatment, since the record of that care is also the record of what the attack cost.
Report the attack to animal control or law enforcement. An official report documents the incident and may establish whether the dog had a history of aggression, which can be decisive where the residential exclusion puts the owner's knowledge at issue.
If you can, identify the dog's owner and get their contact and insurance information, as well as the same for anyone who had custody of the dog or owns the property where the attack happened. Photograph your injuries and the location, and get the names and contact information of any witnesses. Note anything known about the dog's history or prior behavior, which can matter especially where the residential exclusion applies.
Do not give the owner's insurer a recorded statement or accept an early settlement before you have advice. An early offer may arrive before the full extent of scarring and psychological harm is known, and cannot be reopened once accepted. Then reach out to a lawyer promptly, because the evidence that establishes responsibility is best gathered early, and Tennessee's one-year deadline can arrive faster than expected.
If a dog bites someone in LaFollette, the attack should be reported as soon as possible after receiving medical care. Within the city limits, you can report the incident to the LaFollette Police Department, particularly if the attack is an emergency or presents an immediate public safety risk. Emergency incidents should always be reported by calling 911.
The City of LaFollette Animal Control Department is also responsible for investigating animal bite complaints, identifying the dog and owner, and determining the dog's rabies vaccination status. The department coordinates with the Campbell County Animal Shelter, which houses impounded animals and assists with animal control matters.
When making a report, be prepared to provide:
Reporting the bite creates an official record of the incident, helps public officials determine whether the dog has been involved in prior attacks, and may preserve evidence that later becomes important in a personal injury claim.
Usually not. Under Tennessee's dog-bite statute, a dog owner is strictly liable when the dog injures someone in a public place or while the person is lawfully on private property, which means you do not have to prove the owner knew the dog was dangerous. The exception is the residential exclusion, which can require showing the owner's knowledge.
If the dog was on the owner's own residential, farm, or noncommercial property at the time of the attack, strict liability does not automatically apply, and you must show the owner knew or should have known of the dog's dangerous tendencies. This is the older one-bite approach, and it makes the location where the attack happened an important fact.
Then, strict liability generally applies, and you do not have to prove the owner knew the dog was dangerous. You must show that the dog injured you while you were in a public place or lawfully present, and that none of the statutory defenses, such as provocation or trespass, apply.
The statute recognizes defenses, including that the injured person was trespassing, provoked the dog, handled it as a veterinarian or similar professional, or was harmed by a police or military dog in the line of duty, or that the dog was securely confined. Whether a defense applies depends on the specific facts of the attack.
A homeowner's or renter's insurance policy usually covers dog-bite liability. The dog's owner is the central responsible party, but a person who had custody of the dog, or a landlord who knew of a dangerous dog and could have removed it, may also be responsible, so identifying every policy that applies is part of the claim.
Children are bitten most often and tend to suffer the most serious injuries, including facial wounds and lasting psychological harm. A claim for a child's injuries accounts for the future cost of reconstructive care and counseling and the lifelong effect of scarring, and these claims are handled with the added care a child's injury deserves.
One year from the date of the attack under Tennessee Code Annotated section 28-3-104. The one-year period can extend to two years if criminal charges arise from the same conduct, and is tolled for minors.
These claims are handled on a contingency basis, meaning no fee unless there is a recovery. The first consultation is always free, so understanding your options and where you stand costs you nothing.
Although LaFollette is the largest city in Campbell County, the county seat is neighboring Jacksboro, so a serious dog-bite suit is brought in the Campbell County Circuit Court in Jacksboro, just southwest of LaFollette, in the county's fourth courthouse, completed in 1926.
With experience throughout Campbell County and the Knoxville area, our attorneys understand how Tennessee's dog-bite law applies, how the residential exclusion may impact a claim, and how to navigate the local courts where these cases are filed.
A dog-bite case turns on applying the right rule to where and how the attack happened, and Fox & Farmer builds these cases to establish the owner's responsibility, identify every source of coverage, and document the full cost of a serious injury, including the scarring and psychological harm that reach well beyond the initial wound. The goal is a recovery that reflects the true, lasting cost of the attack, especially for a child who will carry its effects for life.
Because the evidence that establishes responsibility fades, the sooner you reach out to us, the more we can do for you. Your consultation is entirely free, and you owe no fee of any kind unless we recover. Contact our team to tell us what happened.
