Georgia Dog Bite Laws
Georgia was ranked as the 10th state with the most dog bite claims in 2023. A total of 495 claims were filed with insurers, costing an average of $57,572 per claim and adding up to approximately $28.5 million. This number of total claims was a slight increase from the 2022 records, which reported 475 claims.
In 2023, a dog bite case involving a teacher from Gainesville High School concluded with a verdict of $5.6 million. The victim, Stacy Finelli, was attacked by a pit bull/labrador mix. She has already undergone five surgeries, with two more scheduled, and is also going through physical therapy. According to the victim’s attorneys, the incident is considered to be one of the most severe dog bites they have ever encountered, likening it to a shark attack because of the extent of the injuries.
Georgia's dog bite laws provide clear guidelines and liabilities, demonstrating a commitment to both the rights of dog owners and the protection of potential dog bite victims. This overview provides a comprehensive understanding of the Peach State’s laws on dog bites and the legal steps one can take in such an incident. Understanding these laws is important for both pet owners and individuals, contributing to a safer coexistence between humans and their four-legged companions.
Dog Owner Responsibilities in Georgia
Georgia laws dictate that an owner can be an individual or organization that has ownership, possession, control, or care over a dog. The term “owner” includes the parents or the individual assuming parental responsibilities over the minor if the owner of the dog is underage.
All dogs and cats in the state must also be vaccinated against rabies by a licensed veterinarian using approved vaccines as per national guidelines in the Compendium of Animal Rabies Prevention and Control.
Local laws for barking dogs, on the other hand, differ in various counties and cities. For instance, in Atlanta, any noise, such as barking or howling, made continuously by a dog for 10 minutes or intermittently for at least half an hour that disturbs the peace is prohibited. This rule applies regardless of whether the dog is on private property or not. Owners may even be fined up to $1,000 if they are unable to curb their dog’s excessive barking.
Likewise, in Augusta, it is prohibited for owners to allow their dogs to bark, yelp, whine, or make any loud noises that may be heard outside of their premises for more than 20 minutes straight during the day (from 7 a.m. to 9 p.m.) or for more than 10 minutes at night (from 9:01 p.m. to 6:59 a.m.). Within a 24-hour period, the cumulative duration of these noises must not exceed 120 minutes.
A statewide leash law is currently not implemented in Georgia. However, many counties and municipalities in the state have ordinances that specify when a dog must be leashed. In Atlanta, dogs must be restrained if they are outside of their owner’s personal property, since it is illegal to allow them to roam freely. Owners who do not have an enclosed yard are also required to keep their dogs on a leash at all times, even when they are on the property and just outside of the house.
Breed-Specific Legislation in Georgia
Although Georgia does not have any breed restriction laws at the state level, owners of specific dog breeds are subject to additional regulations imposed by city and county ordinances. Here are some examples:
In Clarkson, pit bulls and rottweilers are not permitted inside the dog park. These breeds are also prohibited in off-leash areas in Marietta.
Owners of pit bulls in the City of Fitzgerald must register their dogs annually with the Fitzgerald-Ben Hill County Humane Society. However, selling, purchasing, or obtaining a new pitbull within the city is strictly prohibited.
It is prohibited to own, keep, or maintain a pit bull in the City of Hawkinsville without proper registration with the animal control officer of the city, as required by law.
College Park requires registration for breeds such as American pit bull terriers, pit bulls, rottweilers, Dobermans, German Shepherds, and American Staffordshire terriers. Owners must also have an insurance policy or surety bond of at least $100,000 for these breeds.
Liability Standards in Georgia Dog Bite Cases
Georgia follows a modified version of the "one-bite rule.” The conditions for liability in these types of cases involve the classification of the dog as “a vicious or dangerous animal,” the accident being a result of negligent management or allowing the dog to move around freely, and the injured party not spurring the injury through their own actions.
Additionally, an owner or keeper may be held liable if it can be proven that the dog was required to be restrained, whether on a leash or other forms of control, in accordance with local laws.
A dog may be considered “dangerous” if it:
Inflicts a notable cut or puncture using its teeth without causing severe injury (this does not include scratches, abrasions, or minor nips).
Engages in an aggressive attack that poses an immediate risk of serious injury to a person (growling, barking, or displaying teeth does not count).
Kills another pet animal while off its owner’s property.
A dog may be categorized as “vicious” if:
The dog causes a severe injury to a person.
A person sustains serious injuries (such as being hit by oncoming traffic, tripping or falling, or colliding with an object) while trying to escape an attack by the dog.
There are several exceptions to this law, including cases where the injured individual was breaking and entering, intending to commit a crime, or engaging in dog abuse. In other situations, dogs employed in military or police operations may also be eligible for exemption.
Statute of Limitations in Georgia for Dog Bite Cases
Like with other personal injury cases in Georgia, dog bite victims have two years from the date of the attack to file compensation claims. After the statute of limitations has passed, there is a possibility that a judge might dismiss a plaintiff’s case right away. Additionally, victims will not be able to seek compensation through a lawsuit, even if they have compelling evidence to support their claims.
Civil Penalties for Dog Bites in Georgia
Non-compliance with the Georgia Responsible Dog Ownership Law may lead to the dog being seized and impounded immediately. A hearing may also be established by the animal control board, and the owner may need to actively defend against having his dog labeled as “dangerous” or “vicious.” A dog may also be impounded if a law enforcement or dog control officer determines that the dog poses a risk to public safety.
Criminal Penalties for Dog Bites in Georgia
An individual who violates any clause of the Georgia Responsible Dog Ownership Law commits a misdemeanor, except as otherwise specified. On the other hand, if an owner with a prior conviction for a violation of this law has a classified dog that seriously injures another under circumstances that constitute another violation, they will be charged with a felony.
Upon conviction, the punishment may include imprisonment for a minimum of one year and a maximum of 10 years, a fine ranging from $5,000.00 to $10,000.00, or both. In addition, the dog will be euthanized, and the owner will shoulder all related expenses.
It is also important to note that even if a dog owner in Georgia is charged with and convicted of a crime related to a dog bite, the injured person still has a right to file a lawsuit against the owner for damages in civil court. In personal injury cases, which include dog attacks, Georgia does not impose any cap or limit on economic and non-economic damages.
A dog bite lawyer can help victims look for every possible route to collect compensation. However, the cap on punitive damages is set at $250,000. This type of damages is usually reserved for situations in which the defendant's conduct is willful or extremely negligent.
Reporting and Handling Dog Bite Incidents
Notify the appropriate authorities immediately in the event of a dog bite. Typically, individuals may report a dog bite to the local Animal Control or Animal Services facility, depending on the county where the incident occurred, and an Animal Control officer shall compile a report. Victims suffering minor injuries may also call the police department's non-emergency line to report dog attacks. However, in cases of serious injuries, call 911 immediately.
Upon contact, an operator will dispatch an Animal Control officer to the site of the incident to draw up an animal control report. In instances where a victim is immediately transported to the hospital for medical assistance, most emergency rooms will inform Animal Control about the bite or attack, and an officer will be dispatched to the hospital to complete the necessary paperwork.
How To Find a Dog Bite Attorney in Georgia
The dog owner's insurance will typically cover the victim's medical expenses, lost wages, and other related costs. However, the regulations governing dog bite claims can be intricate.
Because the majority of animal assault cases fall under the domain of premises liability, it may be necessary to consult with a dog bite attorney for possible options for compensation. Additionally, a lawyer may provide representation in court in cases wherein insurance companies refuse to fairly compensate a victim’s damages.
Other Resources for Dog Bite Victims in Georgia
GeorgiaLegalAid.org
GeorgiaLegalAid.org is a collaborative effort between the Georgia Legal Services Program and Atlanta Legal Aid Society, Inc. Its purpose is to facilitate public access to fundamental legal information and resources in the Peach State. The website offers readily available and comprehensible legal information pertaining to matters such as personal injury, immigration, family law, and civil rights.
Georgia Legal Services Program
Established in 1971, the Georgia Legal Services Program establishes opportunities for individuals to gain freedom from poverty and ensure equitable access to justice by providing civil legal services to low-income individuals. The organization operates 10 regional offices across the state and can be reached at 404-206-5175 or 1-800-498-9469.
State Bar of Georgia
The State Bar of Georgia is dedicated to promoting the principles of duty and service to the public, enhancing the administration of justice, and advancing the science of law. The website's For the Public section provides resources for Georgians to easily find suitable lawyers for their cases, report complaints about attorneys or communication issues with attorneys, and look up ethics rules among Georgia lawyers.
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