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.

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.