Does Georgia Have a One Bite Rule?

You may have heard about a “one-bite” rule and wonder how it affects your ability to pursue compensation after a dog attack in Georgia. Georgia has a variation on this common law tradition that requires you to prove a dog owner’s responsibility for their animal’s behavior but makes it relatively easy.

A dog bite injury attorney can explain how Georgia law affects your options for financial recovery. Contact R. Alan Cleveland, LLC for a free initial case evaluation to discuss your legal rights to compensation after suffering injuries from an attack by someone else’s dog. Let our firm help you pursue the financial resources you need for your medical care and the other losses you have suffered.

What Do Georgia Dog Bite Laws Say If There Is No One Bite Rule?

Georgia laws hold dog owners financially liable for bites or other injuries that occur while a dog is in violation of local county or municipal leash laws. When a dog owner fails to abide by county or municipal leash laws and lets a dog run loose, for example, the owner may be held financially liable for any injuries caused by their unleashed dogs, regardless of whether the dog has previously harmed someone.

Dog bite victims also can hold dog owners responsible if the animal owner should have known the dog was dangerous or vicious and failed to control the dog. For example, if the owner knows that their dog has vicious tendencies and fails to muzzle the dog in public or fails to warn other people not to pet the dog, the owner might be held liable.

Under Georgia Code §51-2-7, a dog owner is liable if their dangerous dog bites someone without provocation due to the owner’s negligent care of the dog. The statute expressly states that viciousness or dangerousness can be shown by proving that the dog or animal was required to be at heel or on a leash by a local ordinance.

Under the one-bite rule applied in some states, a dog is not considered dangerous or vicious unless the dog has demonstrated aggressive tendencies, typically through having bitten or attacked a person or another animal. A dog owner cannot be held liable for injuries inflicted by their dog the first time if the owner does not have prior knowledge of their dog’s dangerous or vicious nature. After that, the dog owner is on notice of their dog’s potentially dangerous nature should the dog bite someone else in the future.

Does the One Bite Rule Really Only Apply to “Bites”?

Although the one-bite rule most commonly involves prior bites or attacks to establish a dog owner’s knowledge of their animal’s dangerous behavior, the rule also encompasses any other types of behavior or warning signs that should put a reasonable owner on notice of their dog’s dangerous or vicious propensities.

For example, an owner might be held liable if their dog has previously attacked or killed other animals, such as other people’s pets or wild animals (unless the dog is specifically bred or kept to hunt vermin), or if the dog regularly displays signs of aggression towards people, like growling, barking, or lunging.

How Is a Dog Owner Held Liable for Bite Injuries in Georgia?

An owner may be held liable if local ordinances require dogs on leashes or at heel and the owner violates those ordinances. An owner may also be held liable for other negligence that leads to a dog attack, such as failing to maintain fencing on their property, which allows the dog to escape and roam freely.

A dog owner may try to avoid liability for bite injuries by trying to raise one of several possible defenses to a dog bite injury claim. For example, liability does not attach to a dog bite injury if the injured victim was trespassing and not lawfully at the place where the dog attack occurred. A dog owner may argue that the injured victim was trespassing on the owner’s property or trespassing on another property when the bite occurred.

Dog owners may also be excused from liability if the injured victim provoked the dog into attacking, such as by taunting the dog, chasing the dog, poking the dog with a stick, or touching the dog in an annoying way, or when the dog clearly is demonstrating signs of stress by growling, snapping, or barking. What is the average settlement for dog bite cases in Georgia?

When Should You Seek Legal Help After a Dog Bite in Georgia?

You should seek prompt medical treatment and speak to a dog bite injury attorney as soon as possible if you have sustained a dog bite. Georgia’s statute of limitations requires you to file any lawsuit to pursue compensation for dog bite injuries within two years of the date of injury. Contacting an attorney as soon as possible after your injury will give you and your lawyer the maximum amount of time to investigate your claim and prepare a strong case to present to the dog owner’s insurance company or to present in court if necessary.

Don’t hesitate to begin the process of seeking financial compensation for your injuries and losses. Contact R. Alan Cleveland, LLC, today for a free, no-obligation consultation with an experienced dog bite attorney to learn more about how our firm can assist you in seeking compensation through a dog bite claim.

How Common Are Dog Attacks?

The American Veterinary Medical Association (AVMA) notes that approximately 4.5 million people suffer dog bites annually in the U.S. – with over 800,000 dog bite victims seeking medical attention for their injuries.

Children represent about half of all dog bite victims. They often suffer the most severe injuries from dog attacks, as younger children lack the strength to fend off larger dogs. Their smaller size also means dogs can more easily reach their head and neck. These attacks most often come from familiar dogs during everyday activities.

The elderly face a greater risk of serious injury from a dog attack as well. Someone with mobility issues is more likely to be knocked to the ground, causing fall injuries and allowing the dog to attack their vital areas.

How Does the Traditional One-Bite Rule Work?

A common law called the “one-bite” rule traditionally determines liability for dog bite injuries in some states. Under the one-bite rule, a dog owner is liable for injuries caused by their animal when they knew or should have known that the animal could act dangerously or viciously. The rule’s name comes from the theory that once a dog has bitten or attacked someone, they have established vicious tendencies.

How Is Liability Established Under the Modified One-Bite Rule in Georgia?

Georgia stands between the traditional one-bite rule and strict liability dog bite laws, which hold dog owners liable for injuries caused by their pets under most circumstances. Under Georgia’s dog bite law, a dog owner may have liability for injuries their animal inflicts on another person when the owner:

• Has a “vicious” or “dangerous” animal, and
• Negligently manages the animal or allows the animal to go unleashed

However, the dog’s owner may not be liable if the victim provoked the animal. The dog bite statute also allows an injured victim to prove the dog’s “vicious propensity” by showing that a local ordinance required owners to keep their dog at heel or leashed and the dog attacked while off-leash or not at heel. What is the average settlement for dog bite cases in Georgia?

What Counts as a “Vicious” or “Dangerous” Animal in Georgia?

Georgia law provides statutory definitions for “dangerous” and “vicious” dogs. The law defines a “dangerous” dog as any dog that:

• Punctures a person’s skin with their teeth, except for minor scratches and nips, without causing substantial injury
• Aggressively attacks and causes a person to reasonably believe the dog poses an imminent threat of serious injury, even if no injury occurs – not including barking, growling, or showing teeth
• Kills a pet animal while off their owner’s property – although this does not apply to hunting, herding, or predator control dogs

The statute further defines a “vicious” dog as one that inflicts serious injury on someone or causes them to suffer serious injuries while trying to escape the dog’s attack.

What Is the Georgia Responsible Dog Ownership Law?

The Georgia Responsible Dog Ownership Law amended the provisions of the Georgia Code regulating the ownership of dogs. The law made several important changes to dog ownership regulations, including:

• Establishing minimum standards for the control of dogs
• Providing definitions for dangerous and vicious dogs
• Establishing administrative procedures for the identification of dangerous and vicious dogs
• Imposing regulations for the ownership of dangerous and vicious dogs
• Creating dog owner liability for injuries their animal inflicts on livestock, poultry, or pets
• Enabling local governments to impose more stringent dog ownership ordinances
• Authorizing and regulating lawful euthanasia of dogs under certain circumstances
• Enacting misdemeanor criminal offenses for certain violations of the law

What Damages Can I Recover for Injuries Sustained in a Dog Attack?

If a dog owner is liable for the injuries their animal caused you in an attack, you can demand that they compensate you for the following losses:

• Medical bills, including hospital care, surgeries, prescriptions, doctor’s appointments, mental health care, and physical or occupational therapy
• Long-term care you may need for serious injuries or disabilities
• Loss of wages from missed time from work during your recovery
• Loss of earning capacity caused by permanent disabilities or impairments
• Physical pain
• Emotional trauma or distress
• Loss of quality of life due to disabilities or permanent, visible scarring and disfigurement

Many homeowners and renters insurance policies cover dog attacks, so you would likely start by filing a claim with the owner’s carrier. If the insurance provider refuses to offer you a fair settlement or the owner is uninsured, you can file a lawsuit against them.

Is There a Deadline for Filing a Dog Bite Injury Lawsuit in Georgia?

The Georgia statute of limitations sets a two-year deadline for filing a lawsuit after suffering dog bite injuries. If you file your dog bite injury lawsuit after the statute of limitations expires on your claim, the dog’s owner and their insurer can file a motion to dismiss your case. You may lose your right to recover compensation for your injuries if the court grants the motion. Rather than risk this possibility, you should speak with a dog bite injury attorney as soon as possible to get started on your case.

Contact a Georgia Dog Bite Lawyer Today

Ready to speak with a Georgia dog bite lawyer about your options for compensation after suffering injuries in a dog attack? Reach out to R. Alan Cleveland, LLC for a free, no-obligation consultation today. We look forward to meeting you, reviewing your case, and determining your options for compensation.