Dog bites are more than just a painful experience—they can lead to serious injuries, emotional trauma, and unexpected medical bills. If you’ve been bitten by a dog in Georgia, you’re likely feeling overwhelmed and unsure of what steps to take next.
Georgia dog bite laws are designed to hold dog owners accountable for their pets’ actions, but the legal landscape can be complicated. Unlike some states that operate only under strict liability, Georgia operates under strict liability and negligence. As a result, proving your case may require more than simply showing that a bite occurred.
At Ruppersburg Injury & Accident Attorneys, we understand the confusion and distress that can follow a dog bite incident. We’re here to help you make sense of the dog bite laws in Georgia and guide you through the legal process.
What Is the Dog Bite Law in Georgia?
Georgia’s dog bite law is O.C.G.A. § 51-2-7, which states:
A person who owns or keeps a vicious or dangerous animal of any
kind and who, by careless management or by allowing the animal
to go at liberty, causes injury to another person who does not
provoke the injury by his own act may be liable in damages to the
person so injured. In proving vicious propensity, it shall be
sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated
government, and the said animal was at the time of the occurrence
not at heel or on a leash.
In the case of Askew v. Rogers, 326 Ga. App. 24 (2014), the Georgia Court of
Appeals ruled that to hold a dog owner responsible for biting someone under this
law, the injured person must prove three things:
- The dog owner carelessly managed the dog OR allowed the dog to go
at liberty; AND
- The dog was vicious OR that the dog was violating a local leash
law; AND
- The dog injured someone.
Georgia also employs a modified comparative negligence approach. This means that if the injured party had any role in provoking the incident, their compensation could be reduced by their percentage of fault.
If you are found to be less than 50 percent at fault for an incident, you are eligible to receive compensation, though it will be reduced by your percentage of fault. However, if your fault level reaches 50 percent or more, you cannot recover any compensation.
Understanding the “One Bite Rule” and Its Application in Georgia
The requirement that you prove the dog was vicious is sometimes called the “One Bite Rule.” The “One Bite Rule” is based on the concept that a dog owner might not be liable for a bite if their dog has never shown aggressive behavior. Essentially, it gives the dog (and the owner) a bit of a pass for that first incident. However, in Georgia, the application of this rule is not straightforward.
Even if a dog has never bitten anyone before, the owner can still be held responsible if it can be shown that they should have known the dog was dangerous. For example, if the dog frequently growls, snaps, or acts aggressively, these behaviors could be considered warning signs that the owner should not ignore.
Understanding the Leash Law Violation in a Dog Bite Case
Instead of proving that the dog was vicious, you can show that the dog was violating a leash law. Many cities and counties have local ordinances requiring that dogs be restrained. Here’s an example:
An owner of a domestic animal or of any livestock shall control such animal at all times through one of the following means:
On a leash and attended by its owner;
Temporarily confined within an appropriately-sized crate and attended by its owner;
Within the passenger area of a vehicle driven or parked on the streets;
Within the property limits of its owner and attended by its owner; or
Confined within the property limits of its owner or of another property with the permission of the lawful possessor of the property;
If the dog is in violation of a local leash law because it’s not on a leash or escapes the owner’s property, the owner can be held responsible for any injuries the dog causes.
How To Prove Liability in a Dog Bite Case
Proving liability in a dog bite case in Georgia revolves around showing that the dog owner was aware of the dog’s aggressive nature or failed to act responsibly. Here’s how you can do that.
First, gather evidence. This might include witness statements, photos of the scene and injuries, and any prior complaints about the dog. If the dog has a history of aggressive behavior, that can strongly support your case.
Next, think about how the dog was being handled at the time. Does the city or county where this happened have a leash law and was the dog violating it? Was the dog off-leash in a place where it should have been restrained? Was the owner neglecting their responsibility to control the dog? These details are crucial in proving negligence.
Gather medical records. They not only show the extent of your injuries but can also help demonstrate the severity of the attack. If you sought medical attention immediately, it strengthens your case that the bite was serious and unprovoked.
Consult with a dog bite lawyer in Georgia. A lawyer can help you gather evidence, talk to witnesses, and build a strong case. They can also handle the legal complexities so you can focus on healing.
Damages You Can Claim in a Georgia Dog Bite Case
Victims of dog bites in Georgia can seek various damages, reflecting the physical and emotional toll of their experience. Here’s a breakdown of what you can claim.
- Medical Expenses: Dog bites can lead to serious injuries, requiring immediate and ongoing medical care. You can claim the cost of hospital visits, surgeries, medications, and any future medical treatments you may need.
- Lost Wages: If your injuries prevent you from working, you can receive compensation for your lost income. This includes the time you missed from work and any future earnings if your ability to work is permanently affected.
- Pain and Suffering: The physical pain from a dog bite is just one part of the story. You may also experience emotional distress, anxiety, or trauma. Compensation for pain and suffering acknowledges the non-physical impact of the bite on your life.
- Property Damage: Sometimes, a dog bite can damage your personal belongings. If this happens, you can claim damages to repair or replace your property.
Steps To Take After a Dog Bite Incident in Georgia
If a dog has bitten you, it’s natural to feel scared and unsure of what to do next. Here are steps you can take to protect your health and your rights.
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Get Medical Help Right Away
Even if the bite seems minor, seeing a doctor is essential. Dog bites can lead to infections or serious injuries that might not be obvious initially.
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Report the Incident
Contact local authorities, such as animal control or the police. Reporting the bite helps track dangerous dogs and creates a record of the incident, which can be important later.
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Gather Information
If possible, get the dog owner’s contact details and any information about the dog, such as its vaccination history. If there were witnesses, ask for their names and contact information.
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Document Everything
Take pictures of your injuries and the scene where the bite occurred. Keep track of all medical visits, treatments, and other expenses related to the bite.
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Consult a Lawyer
Dog bite laws in Georgia can be complex. Speaking with an experienced Athens dog bite attorney can help you understand your rights and guide you through the legal process.
Contact an Experienced Athens Dog Bite Lawyer
Dog bites can leave you with not only physical injuries but also emotional scars that take time to heal. Dog bite laws in Georgia are in place to protect victims and hold negligent dog owners accountable.
At Ruppersburg Injury & Accident Attorneys, we know how difficult it can be to cope with the effects of a dog bite. That’s why we’re here to guide you through the legal process, ensuring your rights under Georgia dog bite laws are protected and you receive the compensation you deserve.
Contact our Athens dog bite lawyers at 706.354.1000 for a free consultation.