How to Build a Solid Dog Bite Case Against a Homeowner in Atlanta

This legal guide explains who may be held responsible as an owner and how to recover settlement compensation or a verdict for injuries in your Atlanta, Georgia dog bite or attack case.

Key Points:

• Under dog bite laws for Atlanta residents, negligent dog owners and keepers may be held liable for damages when dogs injure people by biting, attacking, or causing them to become injured while escaping an attack.
• To recover compensation, the victim must prove either that the owner was aware of previous attacks or aggressive behavior by the dog and was careless or that the owner violated local ordinances or “leash laws” by failing to properly secure the dog.
• The victim must also prove that they didn’t provoke the dog to bite or attack—the owner cannot be held liable if the dog was provoked.
• A strong dog bite case or claim is supported by evidence such as witness statements, animal control records, and documentation of an owner’s violation of state or local ordinances.

---

Table of Contents

Under Georgia’s Responsible Dog Ownership Act, a dog’s owner may be held liable for damages if their pet attacks another person or animal—even if the owner wasn’t present during the attack.

Who Is Considered the Dog’s Owner?

Georgia’s dog bite law states that an owner can be “any person or legal entity . . . possessing, harboring, keeping, or maintaining custody or control of a dog.” O.C.G.A. § 4-8-21. As a legal entity, a corporation or other type of business may be considered an owner under this law. A dog’s ownership can be determined by its residence, registration documents, or adoption/purchase records.

Be aware that a dog can have more than one owner and that each owner can be held legally responsible for injuries caused by their dog. An exception to this rule is when the dog belongs to a minor—only individuals over 18 can be held responsible as an owner, which means the child’s parent(s) can be liable for damages caused by the dog. 

How to Find A Dog’s Owner After A Dog Bite

Identifying the Dog’s Owner in a Dog Bite Case

In many Georgia or Atlanta area dog bite cases, identifying the dog’s owner is straightforward, especially if the dog is familiar in your neighborhood. However, there are situations where you may not know who the dog belongs to, or the owner might deny ownership.

If you know where the dog resides, you can search property records online to identify the homeowner. While this may not conclusively establish liability, it can help locate the dog’s owner. If the property is rented, you may need to identify the tenant. In cases where a tenant’s dog has caused injury, the property owner may be required to provide the tenant’s contact information to authorities.

Verifying Dog Ownership

If the homeowner or tenant denies ownership, you can seek assistance from local authorities to verify ownership. Evidence that helps establish ownership includes registration documents, adoption or purchase records, tags, microchips, or veterinarian history.

It’s also possible that the person caring for the dog at the time of the attack is not the permanent owner but was merely watching the pet for someone else. The law holds that anyone exercising “custody or control” of a dog can be liable, so if a person is keeping someone else’s dog and it attacks, that person could be responsible for damages.

Handling Stray Dog Attacks

If a stray dog bites you, recovering compensation can be challenging, as there’s no owner to file a claim against. However, if the stray dog is under the control of a government agency, such as animal control, at the time of the attack, you may be able to hold the county responsible for your injuries. For example, if a dog escapes while being transported by animal control officers or from a shelter and attacks you, the county may be liable.

How Dog Owners Are Held Liable

Under Georgia’s dog bite laws, after you’ve identified the owner, to win your dog bite case or receive a settlement you or your attorney must prove the owner is liable for the injuries caused by their dog. You must also be able to show that you didn’t provoke the dog to attack you.

Georgia law provides two ways that a dog owner may be held responsible for a dog bite injury. First, the owner may be liable if they knew or should have known that they owned a dangerous dog and handled it carelessly. Second, an owner could be liable for carelessly managing a dog that got loose or allowing it to roam free in violation of leash laws.

What Your Dog Bite Lawyer Needs to Prove to Build a Strong Case

The owner was careless with a dangerous dog

To prove liability, you must demonstrate that the dog had a dangerous nature that a reasonable owner would have known about. For instance, if the dog had previously bitten, attacked, or chased people or pets, this could establish its dangerous nature. It’s essential to show that the owner was aware of these incidents. You or your attorney can gather evidence such as witness statements, police reports, animal control records, or hospital records to document the dog’s history and the owner’s knowledge.

Registration Documents and Classification of Dangerous Dogs

You can also search for registration documents indicating that local authorities have classified the dog as dangerous or vicious. Under Georgia law, a dog can be deemed “dangerous” if it causes significant harm, aggressively threatens a person, or kills another pet while off the owner’s property. A dog does not need to bite to be considered dangerous; aggressive behavior alone may suffice.

Vicious Dog Classification and Owner’s Knowledge

A “vicious” classification applies when a dog inflicts serious injury, such as causing someone to fall and break a bone while trying to escape. When a dog is classified as dangerous or vicious, the owner is notified and required to register it, which serves as evidence that the owner knew of the dog’s dangerous nature.

Proving liability often hinges on demonstrating the dog’s dangerous history and the owner’s awareness. Documenting these factors is crucial in building a strong case.

What if a dog owner violated local leash laws or ordinances?

To prove liability under the second method, it’s not necessary to show the owner knew the dog was dangerous. All you need to prove is that you were injured because the owner carelessly managed their dog or allowed it to roam free in violation of leash laws.

Many counties and cities throughout Georgia have leash laws that mandate where a dog may be kept, when they must be leashed, and how long the leash can be. If an owner violates these ordinances and lets their dog run loose, the owner may be responsible for subsequent injuries.

In some cases, an owner could incur liability even if their pet escaped from a broken fence without their knowledge. Georgia law makes it clear that an owner doesn’t have to be at the scene of the attack to be held responsible for their dog’s aggressive behavior.

Who Pays When Dog Owners Are Liable?

If you suffer an injury from a dog bite or attack, you have the right to sue the dog’s owner or keeper. Typically, however, you should first seek compensation by filing a claim against the dog owner’s insurance company. Dog bite claims are often settled by the insurance carrier without victims having to file a lawsuit.

Most homeowners and renters insurance policies provide liability coverage for dog attacks and bite injuries regardless of where the attack took place. For example, if a dog is running loose and bites you while you’re walking on a public street, the carrier that insures the owner must pay. If a friend’s dog gets loose and hurts someone while you’re keeping it, your insurance carrier may be responsible for compensating the victim. Georgia requires that owners of vicious dogs maintain a minimum of $50,000 in liability insurance.

Businesses usually have general liability insurance policies that cover dog bites as well, and certain commercial coverage specifically includes dog bite protection. If the owner or keeper doesn’t have insurance coverage, you can file a lawsuit to recover compensation from their personal assets. 

Can Owners be Criminally Charged for Dog Attacks?

Yes. If a county or state has classified a dog as dangerous or vicious, and the dog owner’s negligence caused someone to be injured, the owner could face criminal prosecution. Whether the state charges them with a misdemeanor or a felony depends on the seriousness of the injuries and what the owner did, or did not do, prior to the attack.  

A dog owner may also be subject to criminal penalties, including substantial fines and imprisonment, if they encourage or permit their dog to bite someone. Georgia law also prohibits an owner previously convicted of dangerous dog violations from owning a dog. If the convicted owner does acquire a dog that hurts someone, the owner could face mandatory jail time.

Can a Landlord be Held Liable in Dog Bite Cases?

It can be difficult, but in a few limited circumstances, yes. Under O.C.G.A. § 44-7-14, a landlord is not responsible to third parties for damages resulting from the tenant’s negligence or illegal use of the premises. That means the landlord is not usually liable for a dog owned by a renter. In most rental situations, the victim’s claim is against the renter, or the renter’s insurance carrier.

However, landlords can sometimes liable for damages caused by their failure to keep the premises in good repair. For example, if a tenant’s dog escapes through a broken gate the landlord was obligated to repair and injures someone, the victim might have a claim against the landlord. 

Georgia’s dog bite laws are stacked in favor of landlords when it comes personal injury claims caused by a dog attack. The case law is unsettled. From our perspective as Georgia dog bite attorneys, The Millar Law Firm believes that a victim must demonstrate that the landlord knew the dog was dangerous somehow acted or failed to act in some direct manner that proximately caused or contributed to the dog bite or attack.

Can a Business be Held Liable in a Dog Bite Claim?

Yes. A business may be responsible for injuries if the dog was owned by that entity or if it was in possession or control of the dog at the time of the attack. In cases where a business owner is deemed the responsible party, the victim may seek compensation under the company’s insurance policy.

Businesses protected by guard dogs, retail stores that permit customers to bring their pets inside, and dog kennels are good examples of companies likely to have a liability insurance policy covering dog bite damages.