Dog Bite Frequently Asked Questions

 

In Georgia the common law rule is that a dog owner is liable for damages if the owner knew, or should have known, that the dog had the propensity to bite and cause injury. Under Georgia law, a dog’s aggressiveness or menacing behavior alone is not sufficient to place the owner on notice of the dog’s propensity to bite.

 

Under Georgia law, a “dangerous dog” is:

 

1. a dog that, without provocation, inflicts severe injury on a human. A severe injury is one that results in death, broken bones, or disfiguring lacerations that require multiple sutures or cosmetic surgery.

 

2. a dog that, without provocation, aggressively bites, attacks, or endangers the safety of humans after the dog was classified as “potentially dangerous” and after the owner was put on notice that the dog is potentially dangerous.

 

 

Under Georgia law, a “potentially dangerous dog” is a dog that, without provocation, bites a human. It is often required that an attorney prove to the court that a dog in your case is a dangerous dog. Even if a dog has not bitten before the owner may still be liable.  While the law imposes strict liability for injury to a person, the dog (or other animal) must first be considered "vicious" or "dangerous," which can be as simple as showing the animal was required to be leashed per city ordinance.  Second, the animal must be at large by the careless management of the owner.  Finally, the person injured must not have provoked the animal into attacking him or her.  

 

 

 

Owners must keep dangerous dogs and potentially dangerous dogs either securely confined indoors or confined outdoors in a securely enclosed and locked pen, fence, or structure that prevents entry of young children, as well as escape of the animal. When outside the enclosure, the dog must be muzzled and restrained by a substantial chain or leash and be under the physical restraint of a responsible person.

 

Owners must register dangerous and potentially dangerous dogs with the state.

 

Owners must post their property with a clearly-visible sign that warns people of the dog’s presence. The state has a uniform symbol that must be placed on the sign.

 

Owners must maintain liability insurance of at least $15,000 for personal injuries inflicted by the dog or a surety bond of $15,000 or more payable to any person injured by the dog.