Georgia dog bite laws: What you need to know
The laws surrounding dog bites differ by state. Most of the time, states have one of two types of dog bite legislation:
Strict Liability: Dog owners are responsible for damages from bites even if the dog wasn’t previously known to be aggressive
One-Bite Rule: Dog owners are only responsible for damages from bites if there was already a reason to suspect the dog could be dangerous
Georgia’s laws surrounding dog bites don’t fit neatly into either category. Instead, it uses a kind of modified one-bite rule. Under Georgia law, there are generally two ways you can hold the owner liable for damages:
1. Viciousness, knowledge, and negligence
If you want to win your case against the owner of a dog that bit you, one way to do so is to prove three things in court:
- The dog already had a tendency to be vicious or aggressive
- The owner knew the dog was vicious (or reasonably should have known)
- The owner carelessly managed the dog
Of course, knowing these things and proving them in court are two different things. If a dog bite lawyer takes your case, they can tell you whether you’re likely to successfully prove viciousness, knowledge, and negligence in court.
2. Violating an ordinance
Fortunately, this part of Georgia law makes it possible (in some cases) to recover damages even if the dog’s owner didn’t previously have reason to suspect the animal was dangerous. If the dog’s owner was violating an ordinance when the dog bit you, they can be held liable for your injuries. For example, say you’re walking on a public street, and a neighbor’s dog runs up to you and bites you. The dog has no history of aggressive behavior. However, because there’s a leash law in your neighborhood and the dog was roaming loose when it bit you, you will likely be able to hold the owner accountable for damages. However, if you’re visiting a neighbor and their dog bites you (but has no history of aggression), you wouldn’t be able to hold the neighbor accountable, as they weren’t violating an ordinance at the time. Keep in mind that each case is unique, and there might be other factors that determine whether a dog’s owner can be held responsible for bites or not. A dog bite lawyer in Clayton can review the facts of your case and help you move forward with legal action.
