Dog Bite Laws in Georgia: Strict Liability and One-Bite Rule

Dog Bite Laws in Georgia: Strict Liability and One-Bite Rule

Dog bite injuries are a serious and surprisingly common problem across the Atlanta metro area. According to national data, millions of Americans are bitten by dogs each year, and hundreds of thousands of those bites require medical attention. In Georgia, dog bite cases are governed by a hybrid legal framework that combines elements of strict liability and the traditional one-bite rule. For residents of Fulton, DeKalb, Gwinnett, Cobb, and Clayton counties who have been injured by a dog, understanding Georgia's dog bite laws is essential to pursuing a successful claim for compensation. Whether the attack occurred in a neighborhood in East Atlanta, on a walking trail along the Atlanta BeltLine, at a park in Marietta, or in an apartment complex in Norcross, your legal rights depend on the specific circumstances of the incident.

Georgia's Dog Bite Statute: O.C.G.A. 51-2-7

Georgia's primary dog bite statute is codified at O.C.G.A. 51-2-7. This statute establishes the legal framework for holding dog owners liable when their animals injure someone. The statute provides that the owner or keeper of a vicious or dangerous animal who knew or should have known of the animal's vicious propensity is liable for damages caused by the animal. The statute further provides that a dog is considered vicious or dangerous if it has previously bitten someone or if the owner allows the dog to roam freely in violation of a local leash law or ordinance. This creates a two-part analysis that combines the traditional common law one-bite rule with statutory provisions regarding leash law violations.

The One-Bite Rule Explained

The one-bite rule is a common law doctrine that historically governed dog bite liability in many states, including Georgia. Under this rule, a dog owner is not automatically liable the first time their dog bites someone. Instead, the injured party must prove that the owner knew or should have known that the dog had a propensity to bite or act aggressively. This knowledge is often established by showing that the dog had previously bitten someone, had previously displayed aggressive behavior toward people, or had characteristics that should have put the owner on notice of the dog's dangerous tendencies.

The term one-bite rule is somewhat misleading because it does not mean that every dog gets one free bite. Rather, it means that the owner must have some form of prior knowledge of the dog's dangerous propensity. This knowledge can be established through various forms of evidence, including testimony from neighbors who observed the dog acting aggressively, prior complaints to animal control agencies such as the Fulton County Animal Services, DeKalb County Animal Services, or Gwinnett County Animal Welfare, veterinary records indicating aggressive behavior, or the dog's breed and training history. Under O.C.G.A. 51-2-7, once the owner's knowledge of the dog's vicious propensity is established, the owner is liable for injuries caused by the dog regardless of whether the owner was negligent in any other way.

Leash Law Violations and Strict Liability

Georgia's dog bite statute also creates what is effectively a strict liability standard when a dog bite occurs while the dog is in violation of a local leash law or ordinance. Under O.C.G.A. 51-2-7, if a dog causes injury while running at large in violation of a local leash law, the owner is liable for damages without the need to prove prior knowledge of the dog's vicious propensity. This is significant because virtually every municipality and county in the Atlanta metro area has enacted leash laws or animal control ordinances that require dogs to be restrained when off the owner's property.

The City of Atlanta's animal control ordinance, found in the Atlanta Code of Ordinances, requires that dogs be kept on a leash or otherwise restrained when off the owner's property. Fulton County, DeKalb County, Gwinnett County, and Cobb County all have similar ordinances. When a dog bite occurs while the dog is running loose in violation of these local ordinances, the victim does not need to prove that the owner knew the dog was dangerous. The leash law violation itself establishes liability. This effectively creates a strict liability standard for dog bites that occur when dogs are not properly restrained.

Who Can Be Held Liable for a Dog Bite

Georgia law allows claims against several categories of individuals who may be responsible for a dog bite injury.

Dog Owners

The dog's owner is the primary defendant in most dog bite cases. Under O.C.G.A. 51-2-7, the owner is liable if they knew or should have known of the dog's vicious propensity or if the dog was at large in violation of a leash law. Owner liability applies whether the bite occurs on the owner's property, on public property, or on someone else's property.

Dog Keepers and Harbors

Georgia law extends liability beyond the legal owner to anyone who is keeping or harboring the dog at the time of the attack. This can include dog sitters, pet boarding facilities, dog walkers, and even landlords who allow tenants to keep dangerous dogs on the premises. If you were bitten by a dog while it was in the care of someone other than the owner, both the owner and the keeper may be liable.

Property Owners and Landlords

In some circumstances, property owners and landlords in the Atlanta area can be held liable for dog bites that occur on their property. If a landlord knows that a tenant's dog is dangerous and fails to take action, the landlord may share liability for injuries caused by the dog. This is particularly relevant in apartment complexes and rental properties throughout the metro area, where multiple tenants and their pets share common areas.

Proving Damages in a Dog Bite Case

If you have been bitten by a dog in Georgia, you may be entitled to recover several categories of damages. Medical expenses are often the most significant component of a dog bite claim. Dog bites can cause severe lacerations, puncture wounds, crush injuries, infections, nerve damage, and scarring. Treatment may include emergency room visits at facilities such as Grady Memorial Hospital or Children's Healthcare of Atlanta, surgery, wound care, physical therapy, and plastic or reconstructive surgery. Under O.C.G.A. 51-12-4, you can recover the full cost of past and future medical treatment related to the bite.

Lost wages and lost earning capacity may be recovered if the injury prevents you from working. Pain and suffering damages compensate for the physical pain and emotional distress caused by the attack. Dog bites can cause lasting psychological trauma, including post-traumatic stress disorder, anxiety, and fear of dogs. Scarring and disfigurement damages are particularly significant in dog bite cases, as bite wounds often leave permanent scars, especially when they occur on the face, hands, or arms. In cases involving egregious conduct by the dog owner, such as knowingly allowing a dangerous dog to roam free, punitive damages may be available under O.C.G.A. 51-12-5.1.

Georgia's Dangerous Dog and Vicious Dog Statutes

In addition to the civil liability statute, Georgia has enacted criminal and administrative provisions addressing dangerous and vicious dogs. Under O.C.G.A. 4-8-21 et seq., the Responsible Dog Ownership Law, a dog may be classified as dangerous if it causes a substantial puncture wound or inflicts injury on a human without provocation on public or private property other than the owner's. A dog may be classified as vicious if it inflicts serious injury on a person or has been previously classified as dangerous and the owner fails to comply with the requirements of the statute. Owners of dogs classified as dangerous or vicious face specific requirements, including confinement, signage, insurance, and registration. Violation of these requirements can result in criminal penalties, including misdemeanor charges under O.C.G.A. 4-8-28 and, in cases involving serious injury or death, felony charges under O.C.G.A. 4-8-29.

Defenses in Dog Bite Cases

Dog owners may raise several defenses in a dog bite case. Provocation is a common defense, as Georgia law does not hold an owner liable if the victim provoked the dog into attacking. Trespassing can also be a defense if the victim was unlawfully on the owner's property at the time of the bite. Under Georgia's modified comparative negligence standard at O.C.G.A. 51-12-33, if the victim's own negligence contributed to the injury, the victim's recovery may be reduced by their percentage of fault, and if the victim is found to be 50 percent or more at fault, they are barred from recovery entirely.

The Statute of Limitations

Under O.C.G.A. 9-3-33, the statute of limitations for personal injury claims in Georgia, including dog bite claims, is two years from the date of the injury. For claims involving minors, the statute of limitations may be tolled until the minor reaches the age of 18. Filing a claim within this timeframe is essential, as failure to do so will permanently bar your ability to seek compensation.

Contact J. Lee & Associates for a Free Consultation

If you or a family member has been injured in a dog bite attack anywhere in the Atlanta metro area, J. Lee & Associates Law Group is ready to help. Our experienced personal injury attorneys understand Georgia's dog bite laws and will investigate the circumstances of the attack, identify all liable parties, and fight to recover the full compensation you deserve. We handle dog bite cases in Fulton, DeKalb, Gwinnett, Cobb, Clayton, and all surrounding counties. Our bilingual team is committed to serving the diverse communities of Atlanta. Schedule your free consultation today at /consultation or call our Atlanta office. There is no fee unless we win your case.

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At J. Lee & Associates Law Group, we offer free consultations to evaluate your case. Our bilingual team is ready to help you understand your legal options and fight for the compensation you deserve.

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