Dog bite injuries are far more serious than most people realize. What might seem like a minor bite can quickly turn into an infection, nerve damage, or even permanent scarring. In more severe cases, victims — especially children — may face emotional trauma that lasts for years. Medical treatment, surgery, and rehabilitation costs can add up quickly, leaving victims and their families searching for answers and accountability.
If you or a loved one has been bitten by a dog in Georgia, it’s natural to wonder who’s responsible for covering your medical bills, lost wages, and emotional distress. Georgia personal injury laws have specific rules for determining liability in dog bite cases, and it’s not always as straightforward as “the owner is automatically at fault.” Understanding these legal rules can mean the difference between receiving fair compensation and being left with unpaid medical bills.
Georgia’s Dog Bite Laws
Georgia follows a modified version of the “one-bite rule” combined with elements of strict liability. Under Georgia law (O.C.G.A. § 51-2-7), dog owners can be held liable for injuries caused by their dogs if:
- The Dog Is Known to Be Dangerous:
- The owner knew or should have known that the dog had a propensity for aggressive or dangerous behavior, such as a history of biting or attacking others.
- The Dog Was Unrestrained:
- The injury occurred because the dog was not properly restrained or leashed in violation of local leash laws.
- Negligence by the Owner:
- The owner’s failure to exercise reasonable care contributed to the attack.
Steps to Take After a Dog Bite Injury in Georgia
Taking the right steps immediately after a dog bite can protect your health and strengthen your legal claim:
1. Seek Medical Attention
- Clean and treat the wound immediately to prevent infection.
- Document your injuries with photos and keep all medical records.
2. Identify the Dog and Its Owner
- Obtain the dog owner’s contact information and verify whether the dog is vaccinated.
- Note any identifying characteristics of the dog if the owner is unknown.
3. Report the Incident
- File a report with local animal control or law enforcement. This creates an official record of the incident.
4. Collect Evidence
- Take photos of the injury, the scene, and the dog (if possible).
- Gather witness statements from anyone who saw the attack.
5. Contact a Lawyer
- Speak with a personal injury lawyer experienced in dog bite cases to understand your legal options.
Proving Liability in a Georgia Dog Bite Case
For a dog bite victim to recover compensation, they (or their attorney) must prove three key elements:
- The dog was dangerous or had aggressive tendencies.
This could be demonstrated if the dog had bitten someone before or had shown signs of aggression, like growling, snapping, or lunging at people. Witnesses, animal control reports, or prior complaints can serve as evidence. - The owner knew (or should have known) about the dog’s behavior.
If the owner was aware that the dog had a history of aggression, they could be held liable. Evidence might include prior reports to animal control or testimony from neighbors who witnessed aggressive behavior. - The owner was negligent in controlling the dog.
Even if the dog had no known history of aggression, if the owner allowed it to roam freely in violation of local leash laws, they could still be held responsible. Most cities and counties in Georgia require dogs to be on a leash or within a secure enclosure. If the dog was running loose at the time of the attack, the owner could be held liable.
This framework places a responsibility on dog owners to control and restrain their pets at all times. When they fail to do so, they open themselves up to legal liability.
Exceptions to the “One-Bite Rule”
While Georgia’s dog bite laws often follow the “one-bite rule,” there are notable exceptions where liability can be established without a prior bite history. Here’s how it works:
- Leash Law Violations: If a dog is running loose or off-leash in a public area where leash laws apply, the owner can be held liable, regardless of whether the dog has bitten someone before.
- Negligence Per Se: If a dog owner violates a local ordinance (like not having a dog properly restrained) and that violation results in a bite, the owner’s negligence is presumed.
- “At Large” Dogs: If the dog escapes from the owner’s property and bites someone, the owner could be held responsible under the argument that the dog was not properly restrained.
These exceptions create a pathway for victims to hold dog owners accountable even if it’s the dog’s first known attack.
Types Compensation Available to Dog Bite Victims
If you’ve been bitten by a dog in Georgia, you may be entitled to compensation for the following damages:
- Medical Expenses: This includes emergency room visits, doctor’s appointments, surgery, physical therapy, and any long-term medical care.
- Lost Wages: If you miss work due to your injuries, you can seek reimbursement for lost income.
- Pain and Suffering: Dog bites often leave emotional scars as well as physical ones. Compensation for pain and suffering accounts for the mental distress caused by the injury.
- Permanent Scarring and Disfigurement: If a bite causes permanent scarring, especially on the face, you may be entitled to additional compensation.
The amount of compensation depends on the extent of the injuries, the cost of medical treatment, and whether the victim has long-term effects, like scarring or emotional trauma.
Defenses Dog Owners May Use
Dog owners may try to avoid liability by arguing:
- Provocation:
- Claiming that the victim provoked the dog, causing the attack.
- Trespassing:
- Arguing that the victim was unlawfully on the property when the incident occurred.
- No Knowledge of Aggression:
- Asserting that they were unaware of the dog’s dangerous tendencies.
An experienced attorney can help counter these defenses and strengthen your claim.
Injuries Caused by Dog Bites
Dog bites can cause severe physical, emotional, and psychological injuries. Some of the most common injuries include:
- Puncture wounds and lacerations — The sharp teeth of a dog can puncture skin, muscles, and nerves, leading to infections or permanent damage.
- Broken bones — Larger dogs can cause fractures, especially in children or older adults, by knocking them down or clamping down with force.
- Scarring and disfigurement — Facial injuries are common in dog bite cases, especially for children, and may require reconstructive surgery.
- Nerve damage — Bites on the hands, arms, or legs can damage nerves, leading to long-term loss of sensation or function.
- Emotional trauma — Many victims, especially children, suffer from anxiety, PTSD, or a lifelong fear of dogs.
Time Limits for Filing a Dog Bite Claim in Georgia
The statute of limitations for dog bite claims in Georgia is typically two years from the date of the injury. Failing to file within this time frame can bar you from seeking compensation.
How Our Atlanta Personal Injury Lawyer Can Help
While you’re not legally required to hire an attorney, it’s often in your best interest. Dog bite cases can be complicated, especially when it comes to proving the dog’s dangerous behavior or the owner’s knowledge of it. A personal injury lawyer will investigate the incident, gather evidence, and deal with the dog owner’s insurance company on your behalf.
An attorney can also calculate the true value of your claim, considering not just your medical expenses, but also the emotional and psychological toll of the injury. Insurance companies may try to offer a quick, lowball settlement, but a lawyer will fight to get you the compensation you truly deserve.
Contact Us for Free Consultation. All cases are handled on a contingency basis, so you pay nothing unless we win.
Conclusion
Georgia law provides a legal framework to hold dog owners accountable for injuries caused by their pets. By understanding the law, taking appropriate steps after a dog bite, and working with an experienced attorney, you can protect your rights and pursue the compensation you deserve.
If you’ve been injured in a dog bite incident, don’t wait to take action. Contact our Atlanta personal injury lawyer today for a free consultation. Let us guide you through the legal process and fight for the justice and compensation you deserve. Remember, all cases are handled on a contingency basis, so you pay nothing unless we win.