Georgia Dog Bite Laws and How they Impact Dog Bite Settlements

Key Points:

• Purpose of Dog Bite Laws: Georgia’s dog bite laws are designed to protect residents by detailing dog owners’ responsibilities and providing a framework for managing dog bite incidents, crucial for handling personal injury lawsuits related to dog attacks.
• Access to Georgia’s Laws: Most of Georgia’s laws can be found online in the “Official Code of Georgia Annotated” (O.C.G.A.) via the Georgia General Assembly’s website. You can also find them on legal databases like LexisNexis and Justia.
• Specific Dog Bite Laws: Title 4, Chapter 8, regulates dog ownership and sets specific requirements for owners of dogs classified as dangerous or vicious. Title 51, Chapter 2, Section 51-2-7, covers the liability of dog owners.

Table of Contents

What is the Purpose of Dog Bite Laws?

One key purpose is to protect residents. For example, Georgia has specific laws concerning dog bites to safeguard its citizens from potential dangers posed by dangerous or vicious dogs. These laws outline the responsibilities of dog owners and provide a framework for handling dog bite incidents. This is crucial for managing personal injury lawsuits related to dog attacks in the state.

Where Can I Access Georgia’s Laws?

Most of Georgia’s laws are in the “Official Code of Georgia Annotated” (O.C.G.A.), which includes the laws, case notes, and historical references. You can find them online at the Georgia General Assembly’s official website and legal research databases such as LexisNexis and Justia.  

What Georgia Laws Specifically Address Dog Bites?

There are two key sections in Georgia law that provide a structured approach to managing dog attack incidents.

Title 4, Chapter 8 of the O.C.G.A. (Articles 2 and 3) regulates dog ownership under the “Responsible Dog Ownership Law,” which classifies dogs as dangerous or vicious and sets specific requirements for their owners.

Title 51, Chapter 2, Section 51-2-7, establishes legal accountability in dog bite cases by focusing on the liability of dog owners and their need to be aware of their dogs’ aggressive behaviors and the potential consequences.

Does a Law Have to Be Broken Before Filing a Dog Bite Claim?

A dog bite legal claim falls under civil law, not criminal, which means you don’t necessarily need to prove a law was broken; instead, you must demonstrate clear negligence. In the context of dog bites, if a dog attacks a person, it often suggests that a law has been violated, indicating a strong presumption of negligence. This combination can significantly strengthen your civil claim by linking the breach of law directly to the irresponsible behavior that led to the injury.

Does a Dog Attack Always Mean a Law was Broken in Georgia?

In Georgia, a dog attack does not automatically equate to a violation of the law in certain scenarios. For example, if a dog bites someone in defense of its owner’s life or during a trespassing incident on the owner’s property, this may not be considered unlawful. Additionally, Georgia’s “one bite” rule might apply if the dog had never previously shown aggression or bitten anyone. Under this rule, the owner may not be held liable for the first bite but would be aware of the dog’s aggressive potential for any future incidents.

Does a Clear Violation of Law During a Dog Attack Strengthen a Legal Claim for a Dog Bite?

In Georgia, a clear violation of a dog control or owner responsibility law during a dog attack can significantly strengthen a legal claim for a dog bite by serving as evidence of negligence or negligence per se. This implies that the violation itself automatically indicates the owner’s failure to exercise due care. Additionally, when a dog bite involves a legal infraction, animal control officers typically document the incident in a report, which includes the specific laws violated. This report is crucial as it supports legal proceedings and enforces local regulations, establishing a formal record of the incident for any necessary follow-up actions.

In Georgia, for Dog Bites, Who Determines if a Law was Broken: Animal Control, the Police, or Both?

In Georgia, both animal control and the police have the authority to determine if a law was broken following a dog bite incident. Animal control officers primarily enforce local animal control laws, assessing whether dog owners have violated regulations related to pet ownership and control. The police may get involved if the situation includes more serious legal or safety issues. While animal control can issue citations or fines and ensure compliance with local ordinances, more severe penalties often require police involvement or judicial proceedings.

O.C.G.A. §§ 4-8 Article 2 Description Summaries

Georgia’s dog laws, encapsulated in O.C.G.A. §§ 4-8-21 through 4-8-33, establish comprehensive guidelines and definitions for handling dog-related incidents. These statutes define dangerous and vicious dogs, outline the roles and responsibilities of dog owners, and set forth the procedures for classification and registration of such dogs. The laws also detail the legal obligations of local authorities to enforce these regulations, the process for handling dog bites, and the consequences for owners, including possible criminal penalties and mandatory euthanasia for dogs that repeatedly cause serious injury. This framework is designed to promote public safety and responsible dog ownership. Here is a quick description of each law:

• O.C.G.A. § 4-8-21: This defines key terms such as “dangerous dog,” “vicious dog,” “owner,” and “serious injury,” which is essential for legal classifications and procedures.
• O.C.G.A. § 4-8-22: This outlines the responsibilities and jurisdiction of local governments and dog control officers for enforcing dog-related laws.
• O.C.G.A. § 4-8-23: This details the notification and hearing process for owners of dangerous dogs.
• O.C.G.A. § 4-8-24: This mandates the immediate impoundment of any dogs that pose a public safety threat.
• O.C.G.A. § 4-8-25: This specifies the conditions under which a judge may order the euthanasia of a dangerous dog.
• O.C.G.A. § 4-8-26: This requires euthanasia for dogs that repeatedly cause serious injury.
• O.C.G.A. § 4-8-27: This discusses how registration certificates are issued for classified dogs.
• O.C.G.A. § 4-8-28: This details the duties and responsibilities for owners of classified dogs.
• O.C.G.A. § 4-8-29: This lists unlawful acts and the penalties for owners of dangerous or vicious dogs.
• O.C.G.A. § 4-8-30: This allows for dangerous or vicious dogs to be confiscated due to noncompliance with the law.
• O.C.G.A. § 4-8-31: This discusses the limits of governmental liability in cases involving classified dogs.
• O.C.G.A. § 4-8-32: This establishes the criminal penalties for violations of this article.
• O.C.G.A. § 4-8-33: This addresses the legal provisions for previously classified dogs under older laws.

O.C.G.A. §§ 5-2 Description Summaries

Georgia’s statutes O.C.G.A. §§ 51-2-1 to 51-2-7 detail the liabilities of animal owners for damages caused by their animals. They cover general liability for animal-caused injuries, specific responsibilities for livestock on roadways, and the process for calculating damages. Most notably, § 51-2-7 specifically addresses dog bites, emphasizing the liability of dog owners if they knew of the dog’s viciousness. These laws collectively form a framework that holds animal owners accountable for the behavior of their animals, particularly in incidents leading to personal injury or property damage.

Here is a brief summary of each section from O.C.G.A. §§ 51-2-1 to 51-2-7:

• O.C.G.A. § 51-2-1: This describes owner liability for injuries caused by their animals and outlines their general legal responsibilities.
• O.C.G.A. § 51-2-2: This defines the conditions under which livestock owners are responsible for damages caused by their animals.
• O.C.G.A. § 51-2-3: This focuses on the liability of property owners when their livestock stray onto roadways and cause accidents or damage.
• O.C.G.A. § 51-2-4: This details the legal consequences for damages caused by animal attacks or when animals break away from confinement.
• O.C.G.A. § 51-2-5: This highlights owner liabilities and addresses the injuries or damages caused by animals typically considered non-dangerous.
• O.C.G.A. § 51-2-6: This outlines how damages are calculated and awarded in cases involving injuries or destruction caused by animals.
• O.C.G.A. § 51-2-7: This focuses on dog bite laws and describes the circumstances under which dog owners are held liable for bites or attacks when they know about the dog’s viciousness.

How Can Damages Be Calculated for a Dog Bite? O.C.G.A. § 51-2-6Under O.C.G.A. § 51-2-6, damages in a dog bite legal claim are calculated based on the actual losses incurred by the victim. This can include medical expenses, lost wages, pain and suffering, and other related costs. The law aims to ensure that the compensation awarded reflects the true extent of the economic and non-economic damages suffered due to the injury. The calculation is intended to restore the victim financially and personally to the position they were in before the incident, as much as possible.

Can Compensation Be Awarded if the Attacking Dog Was Not Considered or Classified as Dangerous?

Under O.C.G.A. § 51-2-5, you can potentially be compensated for a dog bite even if the dog was not considered dangerous, especially if the incident occurred off the owner’s property. This section generally covers injuries caused by animals typically not considered dangerous and emphasizes the owner’s responsibility to prevent such incidents. The key factor is demonstrating that the owner’s negligence contributed to the incident, which would support your claim for compensation.