According to the Centers for Disease Control and Prevention, every year there is a one in 50 chance of being bitten by a dog. When they do occur, these incidents can cause serious injuries and emotional trauma that can scar you for life. Most attack victims are children who go on to develop a lifelong fear of dogs.
Victims often have questions about Georgia dog bite laws. The one-bite rule essentially gives a dog one ‘free’ bite before the owner can be held liable, provided the owner had no prior knowledge of the animal’s aggressive tendencies. However, the rule is nuanced and requires a thorough understanding.
At Horst Shewmaker, we help dog bite victims understand their rights after suffering injuries in an unprovoked attack. Our dog bite lawyers in Alpharetta fight to secure compensation for clients’ medical bills and other losses.
Georgia Dog Bite Laws Explained
Georgia dog bite laws are outlined in O.C.G.A. § 51-2-7. This statute stipulates the conditions under which dog owners can be held liable for dog attacks. According to the law, a dog owner can be held responsible if:
- The owner knew or should have known about the dog’s vicious tendencies.
- Contrary to local ordinances, the owner carelessly managed the dog or allowed it to roam freely.
One Bite Rule
Under this rule, a dog owner is not assumed to know the dog presents a threat unless the animal has bitten someone before or demonstrated an aggressive nature. If a dog with no known history of aggression bites someone, the owner may not be held liable for this first bite because the owner had no prior knowledge the dog posed a threat.
Once a dog has bitten someone or displayed vicious behavior, the owner knows the animal is dangerous. From this point on, the dog’s owner is expected to take reasonable measures to prevent bites. Failure to do so can result in the owner being liable for subsequent dog attacks.
The origin of the one-bite rule dates back to English common law, where it was assumed that every dog gets one bite before its owner is legally liable for its actions. In some cases, an owner can be held responsible for a dog’s first bite. Understanding Georgia dog bite laws is essential for dog owners and dog attack victims.
Exceptions to the One Bite Rule
There are exceptions where a dog bite victim can hold the dog owner liable for a first bite.
Aggressive Behavior
One key exception involves a dog’s prior aggressive behavior. If a dog has previously exhibited signs of aggression, such as growling, snapping, or lunging at people, the owner should be aware of the dog’s vicious propensity.
The owner can be liable even if the dog has not bitten anyone previously. Courts will look at evidence of the dog’s behavior to determine if the owner should have known about the potential for harm.
The following evidence can indicate the owner knows the dog is aggressive:
- Previous Incidents and Complaints: If neighbors or visitors have previously complained about the dog’s aggressive behavior.
- Training and Behavior Classes: If the owner has enrolled the dog in behavior modification or training classes to address aggression.
- Warnings and Signs: Displaying warning signs such as “Beware of Dog” on the property.
Local Ordinance Violations
Violating local leash laws or pet control ordinances can also override the one-bite rule. If an owner disobeys these laws, they can be held liable regardless of whether the dog is vicious. Allowing a dog to roam freely in an area with strict leash laws can result in the owner being held responsible if the dog bites someone.
Responsible Dog Ownership Law in Georgia
Under Georgia’s Responsible Dog Ownership Law, dog owners have specific legal obligations to ensure their pets do not pose a danger to others. These responsibilities are designed to protect the public and prevent dog bites.
When Is a Dog Classified as Dangerous or Vicious?
Animals can be classified as dangerous dogs if they:
- Cause a substantial puncture wound without causing serious injury (not a nip, scratch, or abrasion)
- Aggressively attack in a manner that poses an imminent threat of serious injury (growling, barking, showing teeth alone is not sufficient)
- While off the owner’s property, kill a pet animal (some exceptions allowed but limited).
Animals may be classified as vicious dogs if they inflict serious injury on a person, or cause serious injury to a person attempting to escape an attack.
A dog bite incident is not considered evidence of a dangerous or vicious nature if:
- A military or police dog bites someone as part of its job.
- The person the dog attacked was trespassing.
- The bite victim was committing or attempting to commit a crime.
- The bite victim abused the attacking dog.
Controlling a Dangerous or Vicious Dog
When a dog is considered dangerous or vicious, owners must follow special rules. These include:
- Registration: The owner must register the dangerous dog and receive a certificate.
- Proper Containment: They must ensure that their pets are properly contained in a locked enclosure within their property. This includes maintaining secure fencing and gates to prevent the dog from escaping.
- Warning Signs: The owner must post visible warning signs on the property, such as “Beware of Dog.”
Preventing Dog Bites: Tips for Owners
Preventing dog bites involves proactive steps by the owner to manage their dog’s behavior and environment. These measures include:
- Socialization and Training: Properly socializing and training a dog from a young age can help mitigate aggressive tendencies. Enrolling in obedience classes and working with professional trainers can be beneficial.
- Supervision: Dogs should always be supervised when interacting with unfamiliar people or animals, especially in public settings.
- Health and Wellness: Regular veterinary check-ups can identify any underlying health issues that may contribute to aggressive behavior. Keeping a dog healthy and well-exercised can also reduce the likelihood of aggression.
If a dog bites someone and the owner is found to have been negligent in controlling the animal, they can be held legally responsible for the victim’s injuries. This can result in financial compensation for medical expenses, lost income, and pain and suffering. In severe cases, an owner may face criminal charges if their failure to control a dangerous animal results in severe injury or death.
Options for Dog Bite Victims
If you have been bitten by a dog in Georgia, you have several legal options to seek fair compensation for your injuries.
- File a Personal Injury Lawsuit: You can file a personal injury lawsuit if the owner knew or should have known about the dog’s aggression or if they didn’t restrain the dog according to local leash laws.
- Seek Compensation through Homeowner’s Insurance: Many homeowners’ insurance policies cover dog bite incidents. You can file a dog bite claim with the dog owner’s insurance company to recover damages.
Compensation in Dog Bite Cases
Victims of dog bites can recover compensation for financial losses and non-economic damages, including:
- Medical Care Expenses: This includes emergency room visits, plastic surgery, and ongoing treatments like physical therapy and medication.
- Lost Wages: If the dog bite causes you to miss work, you can claim compensation for lost income. This also includes any future earning capacity if the injury affects your ability to work long-term.
- Pain and Suffering: Compensation for pain and suffering addresses the physical pain and emotional distress caused by the dog bite. This can include anxiety, depression, and trauma.
If you’ve been attacked and bitten by a dog, get medical treatment immediately, even if the injury seems minor, and document all medical visits and treatments. You should also get the owner’s contact information and notify local animal control or law enforcement about the dog bite, as an official report will be crucial for your case.
How an Alpharetta Dog Bite Lawyer Can Help
When you schedule a consultation, an experienced dog bite lawyer will begin by evaluating your case in detail. This involves reviewing the circumstances of the incident, the severity of your dog bite injuries, and any evidence you have collected. The lawyer will provide legal advice on your options and the best course of action. They can help you understand the value of your personal injury claim.
Insurance companies often aim to minimize payouts, making it challenging for victims to get fair compensation. A dog bite attorney in Alpharetta will negotiate with the insurance companies on your behalf, working to secure a bite settlement that covers all your damages, including medical expenses, lost wages, and pain and suffering.
If a fair settlement can’t be reached, your personal injury attorney will represent you in court. They will prepare your case, present evidence, and advocate for your rights before a judge and jury. Having a skilled lawyer by your side increases your chances of a successful outcome, whether through settlement or trial.
Get a Free Consultation From an Alpharetta Dog Bite Lawyer
If you or a loved one has been bitten by a dog, don’t wait to seek the legal help you need. Contact Horst Shewmaker as soon as possible. Let our experienced attorneys provide the guidance and support you need to cope during this difficult time and pursue justice for your bite injuries. To learn more or schedule a free consultation with an Alpharetta dog bite lawyer, call (404) 400-1175 or contact our law firm online today.
