Dog Bite Laws in Georgia: Owner Liability and Your Rights as a Victim

Dog bites and animal attacks can cause devastating injuries, from severe lacerations and puncture wounds to infections, nerve damage, disfiguring scars, and lasting psychological trauma. Children are particularly vulnerable to dog attacks and often suffer the most serious injuries. If you or a family member has been bitten or attacked by a dog in Georgia, understanding the state's liability laws is essential to obtaining fair compensation for your injuries.

At J. Lee & Associates Law Group in Norcross, we represent dog bite victims throughout the greater Atlanta area. This article explains Georgia's dog bite liability framework and what you need to prove to hold the dog's owner responsible.

Georgia's Dog Bite Liability: The Vicious Propensity Rule

Unlike some states that impose "strict liability" on dog owners for any bite (meaning the owner is automatically liable regardless of whether they knew the dog was dangerous), Georgia follows what is sometimes called the "vicious propensity" or "first bite" rule. Georgia's dog bite statute is found at O.C.G.A. § 51-2-7.

Under O.C.G.A. § 51-2-7, the owner or keeper of a dog can be held liable for injuries caused by the dog if the following conditions are met:

1. The dog was vicious or dangerous.
2. The owner knew or should have known that the dog was vicious or dangerous. This is the "knowledge" or "scienter" requirement.
3. The owner failed to exercise ordinary care in managing the dog or preventing the injury.

The name "first bite rule" is somewhat misleading. It does not mean the dog must have actually bitten someone before. Rather, it means the owner must have had reason to know that the dog had dangerous tendencies. Evidence of dangerous propensity can include:

• Previous bites or attacks on people or other animals
• Aggressive behavior such as lunging, growling, snapping, or chasing people
• Being classified as a "dangerous dog" or "vicious dog" under local animal control ordinances
• The owner keeping the dog chained or confined due to aggressive behavior
• Warnings given by the owner to others about the dog's temperament
• Breed-specific characteristics, when combined with other evidence of individual dangerous behavior (breed alone is generally not sufficient)

The Leash Law Angle: O.C.G.A. § 51-2-7 and Local Ordinances

Georgia's dog bite statute also provides a separate basis for liability when the dog's owner violates a local leash law or animal control ordinance. Under O.C.G.A. § 51-2-7, if a dog causes injury while running at large in violation of a leash law, the owner can be held liable even without proof that the owner knew the dog was dangerous.

Many Georgia counties and municipalities have leash laws requiring dogs to be on a leash or otherwise restrained when in public areas. Gwinnett County, for example, has a strict leash law ordinance. If a dog bites someone while running loose in violation of a local leash law, the violation itself serves as evidence of the owner's negligence.

This is a critically important provision because it provides an alternative path to liability that does not require proving the owner's prior knowledge of the dog's dangerous propensities.

Dangerous Dog Act: O.C.G.A. § 4-8-20 et seq.

Georgia's Responsible Dog Ownership Act (O.C.G.A. § 4-8-20 through § 4-8-33) establishes a classification and registration system for dangerous and vicious dogs:

• Dangerous dog: A dog that causes a substantial puncture wound, aggressively attacks in a manner that causes a reasonable person to fear imminent serious injury, or has been classified as a potentially dangerous dog and has displayed the same behavior that led to the prior classification.
• Vicious dog: A dog that inflicts serious injury on a person or causes death to a person, or a dog that was previously classified as a dangerous dog and subsequently inflicts serious injury.

Owners of dogs classified as dangerous or vicious must comply with specific requirements, including obtaining a certificate of registration, maintaining liability insurance of at least $50,000, confining the dog securely, posting warning signs on the property, and using a leash and muzzle in public.

If an owner fails to comply with these requirements and the dog attacks someone, this is strong evidence of negligence that can support a personal injury claim. Additionally, the owner of a vicious dog that attacks a person can face criminal charges, including a misdemeanor for the first offense and a felony for subsequent offenses.

Landlord Liability for Dog Bites

In some cases, a landlord may share liability for a dog bite that occurs on rental property. Georgia courts have held that a landlord can be liable if:

• The landlord knew or should have known that the tenant's dog was dangerous
• The landlord had the ability to remove the dog or require the tenant to restrain it
• The landlord failed to take reasonable steps to protect others from the dog

This can be relevant in apartment complexes, rental homes, and other properties where landlords have some degree of control over the premises and awareness of animals kept by tenants.

Damages in Georgia Dog Bite Cases

Dog bite victims in Georgia may be entitled to recover the following damages:

• Medical expenses: Emergency room treatment, surgery (including reconstructive and plastic surgery), hospitalization, wound care, antibiotics, rabies treatment, physical therapy, and future medical costs.
• Lost wages: Income lost during recovery, and diminished earning capacity if the injuries cause permanent limitations.
• Pain and suffering: The physical pain from the bite and the ongoing discomfort during recovery and rehabilitation.
• Scarring and disfigurement: Dog bites frequently leave permanent scars, especially on the face, hands, and arms. The impact of disfigurement on the victim's life, self-esteem, and relationships is a significant element of damages.
• Emotional distress and psychological trauma: Dog attacks can cause PTSD, anxiety, phobias (especially in children), sleep disturbances, and lasting fear of dogs.
• Property damage: Damage to clothing, personal items, or property during the attack.

In cases involving especially egregious conduct by the dog owner, such as knowing a dog was dangerous and deliberately allowing it to roam free, punitive damages may be available under O.C.G.A. § 51-12-5.1.

Children and Dog Bite Claims

Children are the most frequent victims of dog bites, and their injuries tend to be more severe because dogs often bite children in the face, head, and neck area. Georgia law provides special protections for child victims:

• The comparative fault defense is significantly limited when the victim is a young child, as Georgia law recognizes that children under age seven are generally incapable of contributory negligence (the rebuttable presumption under Georgia common law).
• Children between ages seven and fourteen are held to the standard of care of a child of similar age, maturity, and experience, rather than the adult standard.
• A parent or legal guardian must bring the claim on behalf of a minor child.
• The statute of limitations for a minor's personal injury claim is tolled (paused) until the child reaches the age of 18 under O.C.G.A. § 9-3-90.

Comparative Fault in Dog Bite Cases

Georgia's modified comparative fault rule under O.C.G.A. § 51-12-33 applies to dog bite cases. The dog's owner may argue that the victim provoked the dog or was trespassing on the owner's property. If the victim is found to be 50% or more at fault for the incident, they are barred from recovering damages.

Common comparative fault arguments in dog bite cases include:

• The victim was trespassing at the time of the attack
• The victim provoked or teased the dog
• The victim ignored warning signs or verbal warnings about the dog
• The victim attempted to pet an unfamiliar dog without the owner's permission

However, these defenses are much weaker when the victim is a child, as discussed above.

Steps to Take After a Dog Bite

1. Seek immediate medical attention. Dog bites carry a high risk of infection, and some injuries require urgent surgical intervention.
2. Report the bite to local animal control. Georgia law requires medical providers to report dog bites (O.C.G.A. § 31-19-4), but you should also file a report yourself. This creates an official record and triggers an investigation into the dog's vaccination status and history.
3. Identify the dog and owner. Get the owner's name, address, and insurance information. Ask about the dog's vaccination history.
4. Document your injuries with photographs immediately after the attack and throughout your recovery.
5. Preserve evidence. Keep the clothing you were wearing (with any tears or blood). Photograph the location where the attack occurred.
6. Get witness information. If anyone saw the attack, get their contact details.
7. Contact a personal injury attorney before speaking with the dog owner's insurance company.

Homeowner's Insurance and Dog Bite Claims

Most dog bite claims are paid through the dog owner's homeowner's or renter's insurance policy. Homeowner's insurance typically includes personal liability coverage that covers dog bite injuries. However, some policies exclude certain breeds or exclude coverage after a dog has been involved in a prior biting incident. An experienced attorney can help identify all available insurance coverage.

Contact J. Lee & Associates Law Group

If you or your child has been bitten or attacked by a dog in Georgia, contact J. Lee & Associates Law Group in Norcross for a free consultation. We will investigate the dog's history, identify all responsible parties and insurance coverage, and fight for full compensation for your injuries. We serve clients throughout Gwinnett County, DeKalb County, Fulton County, and the greater Atlanta area.