Every year, according to the Centers for Disease Control and Prevention, over four million of us in the United States are bitten or otherwise injured by dogs or other pets. If not treated immediately and adequately, dog bites can cause nerve injuries, disfigurement, and several diseases. Parents should know that the most frequent victims of dog bites are children ages five through nine.
Dog bites are a serious medical concern, and if you’re injured by a dog or by another animal, it’s imperative to discuss your case with a good personal injury attorney at Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer. If a dog or any other pet belonging to another person bites or attacks you or your child in the state of Georgia, will you be able to recover damages from the pet’s owner? Like almost every legal question, the answer is, “It depends on the details of the case.”
What is Georgia’s Controversial Dog Bite Law?
Georgia has perhaps the most complicated and controversial dog bite law in the nation. If you or your child should become the victim of a dog bite or any other type of animal attack in the state of Georgia, speak at once with an experienced Atlanta dog bite attorney at Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer.
The Georgia law regarding dog bites has been controversial because a pet owner is held liable for the actions of a dangerous dog (or any other dangerous pet) only if the owner is aware of the dog’s dangerous proclivities. In the past, Georgia’s courts have cited the “first bite rule” – that the dog had previously bitten someone and the owner knew about it.
However, in March 2017, the Georgia Supreme Court determined that if a dog has previously snapped at someone – without actually biting someone – that could be sufficient to indicate that the owner knew that he or she owned a dangerous animal. One attorney in the case said the court’s ruling “recognizes that a snap is nothing more than a bite that missed its target.” Thus, it should be easier in the future for Georgia dog bite victims to win compensation for their dog bite injuries and their related expenses and losses. To prevail with a personal injury claim after a dog bite or any other animal attack in Georgia, the victim (called the “plaintiff”) must prove:
- that the pet was dangerous or vicious
- that the pet’s owner (called the “defendant”) knew of the pet’s dangerous tendencies
- that the defendant was negligent in handling the dog or letting it roam free
Important Terms Defined in An Atlanta Dog Bite Claim
To understand how the Georgia dog bite law works, it’s essential to know the meaning of the various terms used in the law. Here are some of those critical definitions:
- Classified Dog – A dog that has been classified as either dangerous or vicious
- Dangerous Dog – A dog that:
Causes a substantial puncture of a person’s skin by its teeth without causing a serious injury; but a nip, scratch, or abrasion does not meet the requirements of this definition.
Aggressively attacked in a manner that caused a person to reasonably believe that the dog posed an imminent threat of serious injury, although no such injury occurs; but barking, growling, or showing teeth will not meet the requirements of this definition.
While off the owner’s property kills a pet animal; but not if the death of the pet is caused by a dog working or training as a hunting dog, herding dog, or predator control dog.
- Owner – Any natural person or legal entity, including but not limited to a corporation, partnership, firm, or trust, owning, possessing, harboring, keeping, or having custody or control of a dog; if the “owner” is a minor, then the term includes the parents or persons in loco parentis with custody of the minor
- Serious Injury – Any physical injury that creates a substantial risk of death, results in death, results in broken or dislocated bones, lacerations requiring multiple sutures, or disfiguring ragged tears, requires plastic surgery or admission to a hospital, or results in protracted impairment of health, including the transmission of an infection or contagious disease, or impairment of the function of any bodily organ
- Vicious Dog– A dog that inflicts a serious injury on a person or causes serious injury to a person attempting reasonably to escape the dog’s attack
No dog can be classified as dangerous or vicious based on actions that occurred while the dog was engaged with a law enforcement officer or military officer carrying out official duties as a law enforcement or military dog. No dog can be classified as dangerous or vicious if the injured person was trespassing, abusing the dog, or committing a crime against the person, such as murder or assault under Georgia Code Title 16, Chapter 5