To win a dog bite case in Athens, you may need to prove that the dog’s owner already knew the dog was dangerous. That might sound unfair. However, for years, Georgia courts disagreed about exactly what an injured person had to prove, especially when the dog was loose in a county or city that required leashes.
The Georgia Supreme Court settled the question in 2020 in S&S Towing & Recovery, Ltd. v. Charnota. The ruling reshaped how dog bite cases are handled across the state, including in Georgia dog bite laws, and the rights of people injured by someone else’s animal.
How Dog Bite Cases Work in Georgia
Dog bite claims in Georgia rest on one statute, O.C.G.A. § 51-2-7. It has two key requirements:
1. A person who owns or keeps a “vicious or dangerous” animal can be liable if careless handling or letting the dog run loose causes injury to someone.
2. Victims can prove that a dog was vicious by showing that it was supposed to be on a leash under a local rule and was off-leash when the attack happened.
For years, courts argued about what that second sentence really meant. The fight came down to one question: If a dog broke a leash law, did the victim still have to prove the owner knew the dog was dangerous?
What the Charnota Case Changed
In 2020, the Georgia Supreme Court decided S&S Towing & Recovery, Ltd. v. Charnota, 309 Ga. 117. Michael Charnota was walking his leashed dog in front of his home in Paulding County. A dog escaped from a nearby tow yard attacked and killed Charnota’s dog, then badly hurt Charnota. He needed surgery and incurred more than $51,000 in medical bills.
The dog owners argued the leash-law part of the statute was unfair. They said it punished owners with no chance to show their dog had never bitten anyone before.
The court ruled that when a leash law applies, and a dog is loose in violation of it, a dog bite victim in Athens must prove one of two things:
1. The dog’s history: You show the owner knew the dog had a dangerous streak
2. The broken leash law: You show that the owner knew the dog was loose or was held in a way that violated a local restraint rule.
The second path is often easier, as you just need to show that the owner knew the dog was off-leash or improperly confined, which violated the local rule.
How Recent Cases Use The Charnota Rule
When Breaking a Leash Law Shows the Owner Knew
In Espinoza v. Morel, 367 Ga. App. 184 (2023), a woman agreed to check on a German Shepherd while the owners were away for a weekend. The owners had left the dog clipped to a single line tied to a doghouse in an unfenced yard. When she came back that afternoon, the dog bit her on the head and foot.
Teddy had never bitten or growled at anyone before. But the way the owners tied Teddy up broke the local restraint rule. So, the court said Teddy was vicious. The owners also knew how they had tied the dog, and knowing it was not restrained properly was enough. The court allowed her case to proceed to trial.
When Past Behavior Shows The Owner Knew
In Cornejo v. Allen, 367 Ga. App. 618 (2023), the dog’s previous vicious behavior helped prove the case. One day, a neighbor’s dog jumped on a man, scratched and bit him. The next day, the same dog charged at the man again. The man ran for his truck, slipped on his driveway, and hurt his shoulder. He sued over the fall, not the attack from the day before.
The Court of Appeals ruled the dog’s attack the day before put the owner on notice that the dog was vicious and that the case was for the jury to decide.
Both Paths Used In One Case
The most recent case, Philip v. Pollock, 377 Ga. App. 506 (2025), involved both prongs of the Charnota framework. A 90-pound American Bully bit a visitor outside the owner’s house in Cobb County. There was no prior bite by that specific dog, but evidence showed the owner had trained the dog to latch onto and pull a suspended rope in workout sessions.
The owner’s kennel company posted on social media that the dog was “Weaponized.” Another dog trained the same way by the same owner had bitten people. The owner himself testified at deposition that his dogs “bite at anything.”
The Court of Appeals found that this evidence was enough for a jury to decide whether the owner knew his dog was dangerous. The Court also found that a Cobb County ordinance required the dog to be on a leash when outside and not in an enclosure, which it was not.
What This Means for Athens Dog Bite Victims
Athens-Clarke County’s municipal ordinance § 4-1-2 requires dog owners to keep their dogs under control at all times. It states:
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;
So, if a dog is loose in violation of the leash law and bites you, to win a case you need to show that the owner knew the dog was loose or that it was dangerous.
What to Do if a Dog Bites You in Athens
A few steps protect both your health and your claim:
- Get medical care and keep all records and bills.
- Take photos of your injuries, the dog, and the location.
- Note whether the dog was loose, tied, or off leash, and the local rule.
- Get names and contact details for the owner and any witnesses.
- Report the bite to Athens-Clarke County Animal Services.
Georgia gives you two years from the date of the injury to file a personal injury claim, so acting early helps while the proof is fresh.
Contact an Athens Dog Bite Lawyer
Athens dog bite laws give injured people more than one way to hold an owner responsible, but every case is different. If a dog bit you or a loved one, speak with an Athens dog bite lawyer at Ruppersburg Injury Law.
Contact our Athens dog bite lawyer at 706.354.1000 to request a free consultation.
