Every day, people across Georgia are bitten by dogs. In many cases, the dog is unknown to the victim, or at least unfamiliar to them. But even familiar dogs can lash out if they feel threatened or scared.
If you were bitten by a dog in Georgia, you might need to receive medical treatment, which can quickly become costly. If you have to take time off work while you recover, lost wages can also place a significant financial strain on you and your family. Clearly, if the dog belongs to someone else, the dog’s owner should be responsible for costs associated with your injuries.
But how do you determine liability after a dog bite accident? And what does Georgia law have to say about what dog owners and victims are supposed to do after a dog attacks? Below, we will explore Georgia’s dog bite statute in detail, and discuss how to prove liability if you’ve been bitten.
Georgia Doesn’t Have a “One-Bite” Rule
Many states have strict laws that hold that a dog owner is liable for losses incurred by someone their dog attacks if the dog has bitten once before. However, Georgia’s dog bite statute is a bit more relaxed. Dog owners in the Peach State are liable only if:
- They were aware the dog was “dangerous” or “vicious” – To establish liability, a dog bite victim (or their attorney) would need to demonstrate that the dog’s owner knew or should have known that the dog had a tendency to be dangerous or vicious. For example, if the dog had bitten someone before under the ownership of its present owner, they clearly should have known that their dog was dangerous. If the owner knew that their dog disliked or regularly growled at strangers, that would also show that they knew the dog had the potential to bite.
- They were in some way negligent – Dog owners have a duty of care to prevent others from being injured by their pets. Under Georgia law, dog bite victims must also show that the owner was negligent in some way that led to the accident. The law clearly states that victims have to prove that the dog owner “carelessly managed” the animal or allowed it to “go at liberty.” For example, if the dog was unleashed in an area where they could potentially cause harm to others, that would be considered negligence on the part of the owner. If the dog was unleashed at the time of the incident, it should be relatively easy to prove that the owner failed to uphold their duty of care. Or, if the dog owner was walking numerous dogs at the same time, and lost control of a dog that went on to bite someone, the victim could argue that the dog owner should have known that they couldn’t control multiple dogs at once.
- Their dog wasn’t provoked by the bite victim – The dog’s owner most likely won’t be held liable if they can prove that the plaintiff provoked the dog in some way prior to the attack, whether that be through teasing or abuse. Regardless of whether the bite occurred in a private setting or out in public, the victim must not have provoked the dog prior to the attack. However, one important point to keep in mind is that plaintiffs who trespass on private property and are bitten or attacked by an animal while they are not legally on the premises probably won’t be able to hold the dog’s owner accountable for any injuries they suffer.
You can find the full Georgia dog bite statute in the GA Code § 51-2-7 (2020). If you were bitten by someone else’s dog as a result of negligence, you might be entitled to recover compensation for medical expenses, lost income, and non-financial losses like physical and emotional pain and suffering.
Who Can Be Held Liable in a Dog Bite Case?
For your dog bite case to move forward, you will need to identify the liable party and gather evidence to show how their negligence led to your injuries. You (or your Georgia personal injury attorney) could potentially use.
Depending on the circumstances of your case, the following parties could possibly be held liable after a dog bite accident:
- The dog’s owner – In most cases, the dog’s owner will be responsible for compensating you if their negligence led to the dog bite accident.
- Landlords – If a landlord is aware that a vicious dog is on the property and they fail to take action to protect residents and visitors to the property, they could be held liable for failing to deal with the threat.
Often, homeowner’s and renter’s insurance policies cover dog bite incidents. This allows dog bite victims to circumvent directly suing a family member, friend, or acquaintance if they are bitten by a dog owned by someone they know. If you suffered a dog bite injury in Duluth, you should contact a seasoned dog bite injury lawyer right away to discuss your legal options and identify possible sources of compensation.
Bitten by a Dog in Duluth? Contact a Georgia Dog Bite Injury Lawyer Today
Were you bitten by a dog in Duluth, GA? If so, contact a Duluth dog bite attorney at Brauns Law Accident Injury Lawyers, PC today to discuss your case and find out how our attorneys can help you seek the compensation you deserve.
We will thoroughly evaluate your case, collect evidence on your behalf, determine liability, and represent you throughout the claims process. If necessary, we will not hesitate to fight your case out in court. We offer our legal services on a contingency fee basis, meaning we will only collect a legal fee if we successfully secure a settlement or judgment in your case.
Contact us today, online or by calling 404-418-8244, to schedule a free consultation.
