Designated as the uncontested “man’s best friend,” dogs are revered in the U.S. – as evidenced by the estimated 70% of American households with at least one dog in their household. While many dogs are gentle and well-loved, their protective (and natural) instincts may kick in when they feel threatened or believe their owners may be in danger. For dogs that are mistreated or abused, those instincts may linger even closer to the surface and can be pretty scary.
Many laws exist to protect the citizens it covers. Georgia's dog bite laws protect animal bite victims and potential victims to help ensure that damages can be sought if needed and pets are properly restrained so that they are less likely to injure someone.
According to the National Canine Research Association of America and the Centers of Disease Control (CDC), an estimated 4.7 million people fall victim to dog bites in the U.S. annually. While that number may sound staggering, humans only have roughly a 1-in-73 chance of getting bitten by a dog.
Unfortunately, some of those bites can be devastating and occasionally fatal. Dogsbite.org reports that in the 15 years between 2005 and 2019, 521 Americans lost their lives as a result of being attacked by a dog. 236 of those victims were children.
Did You Know?
There was an 8.3% increase in dog bite claims in 2023.
Homeowners insurers paid out $1.12 billion in dog bite claims in 2023.
California has the highest number of dog bite incidents in the US.
Top dog breeds associated with fatal attacks include Pit Bulls and Rottweilers.
Dogs cause 35,000 human deaths worldwide annually.
The odds of dying from a dog bite are 1 in 118,776 in the US.
If you or someone you love is ever the victim of an attack or if you are the owner of a dog, you need to understand the GA laws surrounding dog bites to protect your rights. There are four important topics that we are covering in this article:
What are Georgia Dog Bite Laws and Definition of a “Dangerous” Dog?
According to Ga. Code § 51-2-7 (2022) – also known as the Georgia Dog Bite Law:
A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured.
In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash.
If a dog is considered "dangerous" and injures someone due to the owner's negligence or because it was allowed to roam free, the owner may be held responsible for the damages. To prove that the animal was dangerous, it's enough to show that local laws required the animal to be on a leash or under control, and it wasn't at the time of the incident.
This evidence can be used to establish financial liability for any damages resulting from that injury. An owner may also face criminal charges and pay fines for their negligence. There is also a chance that an owner may also have to pay vicious dog insurance.
If the animal is properly restrained according to local ordinances and an injury still occurs, the victim must prove that the dog should be classified as "dangerous" to seek damages. In O.C.G.A. 4-8-21, The State of Georgia defines a dangerous dog as one that, according to the records of an appropriate authority:
Inflicts a severe injury on a human being without provocation on public or private property; or
Aggressively bites, attacks, or endangers the safety of humans without provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification.
An exception to this rule is a K9 dog carrying out a law enforcement officer’s official duties. According to dogsbite.org, the top 10 most fatal dog breeds are (in order):
Pit Bull
Rottweilier
German Shepherd
Mixed-breed
American Bulldog
Mastiff/Bullmastiff
Husky
Unknown/Unreleased
Labrador Retriever
Boxer
What is the One-Bite Rule and Resulting Liability?
In some states, after a dog has bitten a person for the first time, it can be deemed potentially dangerous by an appropriate authority. The owner should be notified of that status, at which time they must take appropriate measures to secure their animal and can be held liable for a subsequent bite.
This “One-Bite Rule” is a common law rule, so many states – including Georgia – have elected to either reject or modify it by writing their own statute or case law. While it does not designate whether it should occur after the first, third, or tenth bite, Georgia’s definition of a dangerous dog (O.C.G.A. 4-8-21) addresses the matter.
Much like the “One-Bite Rule,” it indicates that if a dog has been classified as potentially dangerous and the owner has been notified of the classification, the owner may be held liable in the event of a subsequent dog bite.
What Kind of Compensation Can I Expect After an Animal Attack?
Dog bites fall under the category of Personal Injury. Therefore, you may file a dog bite lawsuit (aka personal injury claim) against the dog’s owner for negligence. If the court finds in your favor, you may be compensated for any of the following that resulted from your dog bite:
Medical care (including surgeries and tests)
Medications
Physical therapy
Lost wages
Lost earning potential
Pain
Suffering
Mental anguish
Scarring
Disfigurement
PTSD
How Can a Dog Bite Lawyer Help After an Attack?
Like other personal injury cases, such as car accidents or slip and falls, lawsuits surrounding dog bites can be complex and challenging. This is especially true when gathering evidence and proving the dog owner's negligence.
Having an experienced Georgia attorney who is well-versed in the nuances of evaluating damages and negotiating settlements after an injury will prove invaluable if you’ve been hurt by someone’s animal. At The Edmonson Law Firm, our team will fight aggressively to maximize your compensation.
When you’re injured, an injury attorney should assist in gathering crucial evidence to prove both the extent of your injuries and the liability of those responsible. This evidence might include:
Medical Records: Detailed documentation of your injuries and the treatment you received.
Injury Photos: Clear images showing the severity of your injuries.
Photos of the Animal: Evidence of whether the animal was properly restrained, such as on a leash.
Kennel or Fence Photos: Images of the enclosure or barrier meant to contain the dog, if applicable.
History of Prior Incidents: Records that show if the dog has been involved in previous attacks.
Animal Control Reports: Documentation of any past interactions with animal control concerning the dog and its owner.
Witness Statements: Testimonies from those who saw the attack.
Video Evidence: Security or other footage capturing the incident.
Doctor’s Reports: Medical assessments that outline future medical expenses, potential disabilities, and long-term health prospects
If you or someone you know has been attacked by a dog and incurred injuries, we urge you to seek medical care immediately to ensure your wounds are appropriately treated and documented. As soon as you are able, contact John Edmonson at The Edmonson Law Firm, even if it’s just to assess whether or not you have a case.
To schedule your FREE CONSULTATION, call us at 678-271-9111, email us at john@elf-legal.com, fill out our secure online contact form, or drop by The Edmonson Law Firm located at 924 Gainesville Hwy, Suite 200, in Buford, GA.
To learn more about our other practice areas, including Worker’s Compensation and Social Security Disability, visit our website.
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