Being bitten by a dog is a frightening experience that can lead to physical harm and significant emotional distress. If a dog has bitten you, it is important to contact a professional attorney who understands dog bite laws in Georgia as soon as possible. In such cases, you can rely on the legal team at Ashenden & Associates, P.C.
Under certain conditions, Georgia law holds dog owners accountable for their dog’s attacks or injuries to others. According to Georgia’s “one bite rule,” owners can be held liable if their dog has bitten someone before. However, there are other means by which lawyers can prove that a dog posed a significant risk to the victim. Proving liability without legal assistance can be difficult, which is why you should consult with a Georgia attorney.
Our Georgia personal injury attorneys help victims understand their rights. If you’ve suffered a dog bite, allow us to help you pursue fair compensation. Call us today at (770) 394-8909 to schedule your free consultation.
What Are Georgia’s Dog Bite Laws?
Georgia’s statutes address the risks associated with dog bites. Under Code O.C.G.A. § 51-2-7, courts can hold anyone who owns or keeps any vicious or dangerous animal accountable if that animal inflicts injury. This includes both dogs and a wide range of other animals. Showing that an animal was required to be at heel or on a leash by city, county, or consolidated government ordinance is enough to prove vicious propensity.
Georgia’s Responsible Dog Ownership Law provides public protection from dangerous dogs. Under this law, dangerous dogs include:
- A dog that has bitten a person, causing a substantial puncture of a person’s skin, without causing serious injury
- A dog that aggressively attacks in such a way that causes someone to reasonably believe that the dog posed an imminent threat of serious injury to either themselves or another person
- A dog that, while off the owner’s property, kills a pet animal. However, this does not apply to cases in which a dog kills a pet animal while working or training as a hunting dog, herding dog, or predator control dog.
Owners of dogs classified as dangerous must carry liability insurance to cover potential injuries. If a dog has been previously classified as dangerous or vicious and attacks another person, the animal may be seized, and the caretaker could face criminal consequences. These laws ensure that dog owners act responsibly and that victims have a legal path to recoup damages.
What Is the One Bite Rule in Georgia?
Georgia’s “one bite rule” is a means by which courts can determine if the owner knew or should have known their dog was dangerous. If a dog has previously bitten someone, the dog can be classified as dangerous. However, this is not the only means by which dogs can be classified as dangerous in Georgia. Aggressive attacks and previously killing a pet can also qualify a dog as dangerous. Evidence used to prove that a dog is dangerous may include prior complaints to animal control, veterinary records, witness testimony, and the owner’s knowledge.
When Is a Dog Owner Liable for Injuries in Georgia?
Under Georgia Code § 51-2-7, Georgia dog owners can be held liable when, due to careless management of their dog or by allowing the dog to roam free, their pet injures someone who did not provoke an attack with their own act. The owner can be held liable if the victim proves that the owner knew, or should have known, that the dog was dangerous and didn’t take action to prevent the attack.
Liability also depends on whether or not the dog owner complied with local leash laws and attempted to prevent the dog from harming others. If a dog roams off-leash and the owner is aware of, or ignores, complaints about the dog’s behavior, they may not be able to avoid liability if an attack occurs. Failing to shut a gate, ignoring signs of aggression, or leaving a dog unattended can also make the owner liable
Can You Sue Someone If Their Dog Bites You?
Yes, you can sue someone if their dog bites you. If the dog breaks a person’s skin and causes injuries, the victim has several legal options to recover compensation. The victim must prove that the owner was negligent, that the dog had known dangerous tendencies, or that the owner violated a local leash law. Victims may first file an insurance claim through the owner’s property insurance to cover medical bills or other losses. When injuries are severe, the owner denies responsibility, or insurance coverage is limited, filing a civil lawsuit may be the best option to pursue fair compensation.
What To Do When a Dog Attacks You
If you are a dog bite victim, there are some important steps you should take following the attack.
- Seek medical attention immediately, even if your injuries don’t seem severe.
- Report the attack to a local animal control officer
- Take photos and document injuries
- Gather any information from the dog’s owner
- Gather any information from witnesses
Dog attacks and bites must be taken seriously, as they can cause lasting damage. Immediate actions ensure that you can get the healthcare you need. Furthermore, gathering information will assist your lawyer in building a strong case for compensation.
How to File a Dog Bite Claim in Georgia
Under Georgia Code, O.C.G.A. § 9-3-33, an injured person can file a personal injury claim as long as it is within the two-year statute of limitations. Parents or guardians may file on behalf of minor children. Victims who wait too long may lose the right to recover compensation or damages.
You’ll submit your claim to the owner’s insurance, including documentation of your injuries and the compensation you’re seeking. A personal injury can help you gather evidence and negotiate with the insurance company. If you cannot reach a settlement with the owner’s insurance, your attorney can help you pursue your case in court.
Average Dog Bite Settlement in Georgia
Insurance companies may try to offer a low settlement, so it’s important to understand what you’re entitled to. Settlements can vary greatly, with the average falling somewhere between $30,000 and $100,000. How much should they pay you? What is a reasonable settlement offer? The answer depends on your unique circumstances.
A settlement can compensate for your medical bills, lost wages, and pain and suffering. Factors like the severity of your injuries, where liability falls, and liability insurance can impact the settlement value. Injuries that require extensive medical treatment, like plastic surgery, can increase the settlement amount. It is crucial to work with a Georgia dog bite attorney to build your case. With legal help, you stand a better chance of getting full and fair compensation.
Dog Attack Injuries
Dog attacks can result in a wide range of injuries. Some common injuries include puncture wounds, broken bones, facial trauma, and even nerve damage. Additionally, dog bite infections can lead to serious conditions such as sepsis. Victims can also experience long-term consequences such as scarring, PTSD, or disability.
Elderly victims and children face a higher risk of serious injury from a dog bite. Children and elderly individuals are less strong and less able to defend themselves. A child’s small stature also leaves them vulnerable. Older people tend to have more fragile skin, making them more prone to injury. Furthermore, elderly people or children may have underlying health conditions that increase their risk of injuries.
How Dog Bite Damages Are Calculated
Dog bite damages are dependent upon the extent of the injuries caused, both physical and emotional. Courts will consider economic damages, like your medical expenses, rehabilitation, and lost wages, when calculating damages. Additionally, non-economic damages like pain, suffering, emotional trauma, or a fear of other dogs can also be considered. In severe or reckless cases, your attorney can petition for punitive damages, which are damages that exceed simple compensation. These damages are awarded to punish the defendant.
Who Is Responsible If a Dangerous or Vicious Dog Escapes?
In Georgia, the law imposes liability on the dog owner if a dangerous or vicious dog escapes from the owner’s property and causes harm to another person. Alternatively, dog carers or dog walkers may be responsible for escaped dogs, especially if they knew about the dog’s dangerous behavior or vicious nature.
Landlords and property owners can face liability if they knew a tenant’s dog posed a danger and failed to comply with local laws. Furthermore, landlords may be held responsible for attacks that occur in common areas under their control.
Generally, owners are responsible for controlling their dogs in public places. Courts can hold owners liable for attacks occurring in public if the owner failed to restrain their dog. Dog carers and/or dog walkers also bear responsibility when they know a dog to be dangerous or vicious.
Georgia Laws on Other Animal Attacks
Georgia law does not limit liability to attacks made by dogs. Injuries caused by other animals can also give rise to legal liability. Georgia code states that anyone who keeps a wild animal, exotic pet, or livestock with a vicious propensity can be held liable if the animal creates an imminent threat and harms someone else.
Liability for zoo animals lies with the organization responsible for their care and security. The law applies when careless management or failure to control the animal results in injury, whether on private property or in public. In these cases, the owner may be required to compensate the victim.
What Happens If Your Dog Bites Someone?
If your dog bites someone, you, as the owner, will likely be held responsible for the victim’s injuries. Georgia law requires owners to act responsibly to prevent dog attacks, and failure to do so can result in civil liability. If your dog has bitten someone, you must cooperate with animal control, provide proof of a rabies vaccine, and follow all reporting requirements. You may face additional penalties, such as fines or restrictions. In severe cases, a dog may be classified as dangerous or vicious after an attack. This can result in confinement, mandatory registration, or the removal of the pet from its owner’s care. In some cases, the court can have the dog euthanized.
Requirements like these protect the public and hold dog owners accountable for preventing further harm. To keep you, your dog, and others safe, be sure to abide by leash laws. You should also take all reasonable precautions to ensure your dog isn’t classified as dangerous or vicious.
Why You Need a Georgia Dog Bite Lawyer
A dog bite case can be challenging to prove without experienced legal representation, especially under Georgia dog laws. The law requires the plaintiff to prove that the owner knew, or should have known, that their dog was potentially dangerous. A personal injury attorney with Ashenden & Associates will build a strong case by gathering evidence, asking questions, and obtaining information from animal control to document the dog’s behavioral history. Our team has years of experience reviewing documents and evaluating the extent of your injuries. We know how to negotiate with insurance companies to get you a fair settlement or take your case to trial. At Ashenden & Associates, we will hold negligent dog owners accountable.
FAQ About Dog Bite Laws in Georgia
How Long Do I Have to File a Dog Bite Lawsuit in Georgia?
In Georgia, someone who has been injured in a dog bite attack has two years from the date of the dog bite to file a lawsuit.
Do I Need a Lawyer for a Dog Bite in Georgia?
Yes. Dog bite cases are complex and difficult to prove, so you need an attorney to assist you with a dog bite claim.
Can I Still Sue If the Dog Has Never Bitten Before?
You may be able to sue after a dog bite, even if the dog has not bitten anyone before. If you can prove the owner was negligent or violated a local ordinance, you have grounds for a lawsuit. Alternatively, if the dog attack was particularly aggressive, you may be able to prove the dog owner should have known the dog was dangerous.
What If I Was Trespassing or Provoking the Dog?
In Georgia, provoking a dog or trespassing can make you ineligible to recoup compensation for your dog bite injuries.
How Ashenden & Associates Helps With Dog Bite Injury Claims
If an animal’s dangerous behavior has caused you injuries, call Ashenden & Associates. We approach each case with a personalized legal strategy based on the facts of the case. Our experienced team can assist with assessing medical records, negotiating with insurance adjusters, and gathering other evidence. We work hard to get you a fair settlement and will represent you in court if an agreement can’t be reached.
Why Choose Ashenden & Associates for Your Georgia Dog Bite Case
Ashenden & Associates provides the professional support you need to pursue compensation for a dog bite injury. Our team understands how to file a personal injury lawsuit in Georgia and will ensure your case meets all the necessary filing requirements. We have local experience and legal insight to meet your personal injury case needs in Sandy Springs and the surrounding areas. Our attorneys are familiar with the complexities of dog bite laws and local ordinances and how they impact dog owner liabilities and injury cases. We have proven results representing victims in dog bite and injury claims. Our dedicated team of compassionate, trial-ready attorneys will listen, explain your options, and build a strategy you can get behind. Whether through skilled negotiation or trial advocacy, our attorneys are prepared to represent you.
Injured in a Vicious or Dangerous Dog Attack? Call Ashenden & Associates Today
After a Georgia dog attack, you need Ashenden & Associates to help you get answers about your dog bite claim. Our experienced attorneys are here to protect your rights and advocate on your behalf. We understand how overwhelming it can be to deal with lost wages, ER bills, and emotional distress after a severe dog attack. Our legal team will investigate the circumstances of the attack and work to prove liability.
Don’t wait! Contact us today at (770) 394-8909 or use our online contact form to schedule your free consultation with an experienced Georgia personal injury attorney.