Georgia Dog Bite Law

Man’s Best Friend

Dogs can be loyal and loving members of the family. However, despite being a “man’s best friend,” dogs also bite millions of Americans each year. According to the CDC, roughly 4.5 million dog bites occur each year in the United States. Dog bites can cause serious injuries and even death. When dangerous or vicious dogs cause harm, or when dog owners negligently permit dogs to attack others, dog bite victims are entitled to compensation for their harm.
However, whether a dog bite claim will be successful depends on a number of factors. If you have suffered an injury as a result of a dog bite, it is important to understand the law and to be aware of your rights.

Georgia Law

Georgia has a statute governing injuries caused by animals, including dogs, found in O.C.G.A. § 51-2-7. According to this law, a negligent owner of a violent dog that causes harm unprovoked could be held liable for damages. There are thus four elements dog bite plaintiffs must prove to win their claim:

1. Vicious propensity. A dog that has a history of aggressive behavior towards people, or has been involved in past incidences of biting, can probably be considered “vicious or dangerous” under the statute. This element is automatically met if a dog was required by law to be at heel or leashed and was instead running free.

2. Careless management or allowing dog to go at liberty. Letting a dog off-leash in public or otherwise allowing it to roam free around others could meet this element. If a dog is on its owner’s property, careless management could occur if an owner knows the dog is aggressive to guests yet fails to contain or control it.

3. Unprovoked. To meet this element, a dog bite victim must not have provoked the dog into attacking. Unlike other types of torts, the doctrine of comparative negligence will not apply in this circumstance. If a person provokes a dog into attacking by antagonizing it, a dog bite claim will be completely defeated.

4. Causing injury. As with any personal injury claim, a dog bit victim must carefully prove that any injuries sustained were caused by the dog bite.

The Statute of Limitations for Bringing Dog Bite Claims

Under the Georgia Statute of Limitations for personal injury claims, an injury victim must take action within two years of the injury. The two-year period begins the moment that the victim knows that they have been injured by a dog bite. In certain circumstances this two-year period can be “tolled” or delayed, for instance when a victim is unable to bring a lawsuit because of their injury or because the defendant prevented them from doing so.

Contact Williams Elleby Howard & Easter Today for More Information

The personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to vigorously representing personal injury throughout Georgia. If you have been bitten by a dog, Williams Elleby Howard & Easter, can help you understand your rights and get you the compensation you deserve. Call Williams Elleby Howard & Easter, to schedule a consultation today at 833-LEGALGA.