A dog attack can leave victims with deep puncture wounds, lasting scars, and a fear of dogs that lingers for years. When the attack occurs because an owner failed to control a dangerous animal, Georgia law provides the injured person a path to compensation.
However, that path is not automatic. Georgia applies one of the more demanding dog bite standards in the country, and victims must prove several distinct elements before an owner can be held liable.
To defeat aggressive homeowner’s insurance adjusters who will immediately try to blame you for the attack, consulting an experienced Atlanta personal injury lawyer is critical. At Monge & Associates, our dedicated attorneys know how to uncover animal control records and build a trial-ready claim to ensure you receive the justice and financial support you deserve.
Understanding Georgia’s Approach to Dog Bite Liability
Some states impose strict liability on dog owners, meaning the owner is responsible for virtually any injury the animal causes. Georgia takes a narrower approach. Under O.C.G.A. § 51-2-7, an owner or keeper is liable for injuries caused by their dog only when three conditions are met:
- The dog qualifies as a vicious or dangerous animal.
- The owner carelessly managed the dog or allowed it to roam freely.
- The injured person did not provoke the attack.
How to Prove That an Owner Knew Their Dog Was Dangerous
The traditional way to establish that a dog is vicious is by examining its history. Georgia courts require proof that the owner knew, or reasonably should have known, that the animal had a tendency to bite or attack. This does not require the dog to have injured someone. Evidence that the dog previously lunged at people, snapped at a neighbor, or strained against its leash to chase someone can be enough to put a reasonable owner on notice.
Georgia courts also require a link between what the owner knew and the resulting injury. For example, if the owner knows that the dog chases joggers down the street, that knowledge does not necessarily mean the owner should have anticipated an unprovoked bite.
You can leverage several pieces of evidence to establish what the owner knew before the attack, such as:
- Complaints from neighbors
- Reports to animal control
- Veterinary records
- Testimony from pet sitters or delivery workers
- Warning signs posted on the owner’s property
- The owner’s own statements or social media posts about the dog’s behavior
How Leash Law and Ordinance Violations Establish Liability
Georgia law provides a second route to proving that a dog is vicious. A dog is automatically treated as vicious if its owner violated a local ordinance requiring the animal to be leashed or otherwise restrained. In these cases, the dog’s past behavior is irrelevant. The victim only needs to show that the dog was not restrained as local law required at the time of the attack.
Georgia has no statewide leash law, so this factor depends on the county or city where the attack occurred. Many local governments, including most metro Atlanta jurisdictions, require dogs to be leashed or confined whenever they are off the owner’s property. If an unleashed dog attacked you in one of these areas, the ordinance violation can satisfy this element of your claim.
Establishing an Owner’s Careless Management After a Dog Attack
Even when a dog qualifies as vicious, Georgia law still requires proof that the owner handled the animal carelessly. This element is similar to negligence in other types of personal injury claims. You must show that the owner failed to take the precautions a reasonable person would have taken, given what they knew about the dog.
For example, an owner who knows their dog has snapped at strangers but walks it through a crowded park on a long, retractable leash arguably fails to care for the animal properly. The same is true of an owner who leaves a gate unlatched or allows a known aggressive dog to roam the neighborhood. Photographs of the property, witness accounts, and animal control records can all help establish this element.
What If You Were Trespassing or Provoked the Dog?
When a dog owner faces a lawsuit, they have two common defenses at their disposal: provocation and trespassing. If the owner can show that you struck, teased, or otherwise provoked the animal, you may lose your right to recover compensation, regardless of the dog’s history.
Trespassing complicates a claim as well. A person lawfully present on public property or on private property with the owner’s permission is entitled to protection from a dog attack. A person who entered the property without authorization will have a much harder time holding the owner liable.
Available Compensation After Being Bitten by a Dog
If your dog bite claim is successful, you can recover a settlement that fully compensates you for the attack’s impact. Depending on the circumstances, compensation may include:
- Emergency care, surgery, medications, and other medical expenses
- Future treatment costs, including reconstructive procedures and counseling
- Lost income from time away from work during recovery
- Reduced earning capacity if the injuries cause lasting impairment
- Permanent scarring and disfigurement
- Loss of enjoyment of life
- Depression and anxiety
- Post-traumatic stress disorder
- A lasting fear of dogs
Dog bites pose a significant risk of infection and often require follow-up treatment that victims may not anticipate in the days after an attack. Maintaining thorough records of all expenses and symptoms from the beginning can help ensure no losses are overlooked.
Filing Deadlines for Georgia Dog Bite Lawsuits
Under O.C.G.A. § 9-3-33, Georgia’s statute of limitations for personal injury claims, a dog bite lawsuit must be filed within two years of the attack. Courts almost always dismiss cases filed after the deadline. Limited exceptions exist, such as when the victim is a minor, but no one should assume an exception applies without legal guidance. After seeking medical attention for the bite, speak to a lawyer who can help determine your filing deadline.
Discuss Your Dog Bite Case with a Georgia Personal Injury Lawyer
Georgia’s dog bite law asks a great deal of injured victims, and owners and insurers know how to use these requirements to avoid paying claims. A Georgia dog bite lawyer from Monge & Associates can level the playing field. We will investigate the dog’s history, identify ordinance violations, and build the evidence your claim requires while you focus on healing. Contact us today to discuss your case with a Georgia dog bite attorney.