How the Location of a Dog Bite Plays a Role in a Dog Bite Legal Claim
- To recover compensation for a dog bite, the victim must prove either that the owner was aware of dangerous behavior by the dog and was careless or that the owner violated leash ordinances by failing to properly secure their dog. The victim must also show they did not provoke the attack.
- When considering whether a dog owner is liable, the location of the attack can affect both the owner’s legal obligations and the types of defenses they may raise.
- Most homeowners and renters insurance policies provide liability coverage for dog attacks regardless of where the attack took place.
- In certain situations, businesses, landlords, or government entities may be held liable for dog attacks that happen on their premises.
Dog attacks can happen any time and any place in Metro Atlanta, though they are more likely to occur in familiar places such as homes, yards, neighborhood streets/sidewalks, and dog parks. When a dog attack is caused by the owner’s negligence, the victim is entitled to compensation for their injuries. In certain cases, the victim may have a legal claim against someone other than the dog owner, such as a business, landlord, or government entity.
Often, the location of the dog attack can help determine whether the owner or another party is responsible for the victim’s injuries. If the victim did not provoke the dog and can prove negligence for the attack, they may recover compensation from the responsible party’s insurance policy.
How Dog Owners Can Be Held Liable Under Georgia Law
Unlike some states that establish a dog owner’s “strict liability” for injuries caused by their pet, Georgia law holds dog owners responsible only when the victim can prove that 1) the owner knew or should have known they owned a dangerous dog and carelessly managed it or 2) the owner allowed the dog to roam free in violation of leash laws or it was running loose because of the owner’s carelessness. O.C.G.A. § 51-2-7. The victim must also show that they did not provoke the dog to attack.
To prove that a dog is dangerous, you or your attorney must show that the owner was aware that their dog had bitten or attacked someone previously. If a previous attack was reported to animal control, the dog may have been classified by local authorities as dangerous or vicious. Showing that the dog was classified is evidence that the owner had actual knowledge of its dangerous or vicious nature.
Many counties and cities throughout Georgia have leash laws with mandates such as where and how a dog must be kept, when they must be leashed, and how long leashes must be. If the owner violates these ordinances, they may be held responsible for subsequent injuries even if they had no prior knowledge of their dog’s dangerous nature.
Why Does the Location of a Dog Bite Matter in a Legal Claim?
Whether a dog owner is liable for an attack depends on the facts and circumstances of each case. Under Georgia law, the burden is on the victim to prove that the dog owner was careless and that the victim did not provoke the attack. If the victim fails to meet that burden, the dog owner’s liability may be reduced or eliminated.
When considering whether a dog owner is liable, the location of the attack can affect both the owner’s legal obligations and the types of defenses they may raise. For example, a dog owner is more likely to be found liable for an attack when their dog is running loose than when the attack happens on the owner’s property. When an attack happens on the dog owner’s property, the victim may have provoked the attack if they were trespassing or breaking the law when they were bitten, contributed to the injury by acting carelessly, or voluntarily put themselves at risk.
In other words, the dog owner is not always negligent and when proving negligence, location matters. That means that when investigating a dog bite claim, legal teams and insurance companies will ask about the location of the attack. Not only can the location let the dog owner off the hook for negligence but it can also impact which insurance policy covers the dog bite injury.
How It Works When a Dog Attack Happens on the Dog Owner’s Property
If you suffer an injury from a dog attack, you may have a legal claim against the dog’s owner. Most homeowners and renters insurance policies provide liability coverage for dog attacks regardless of where the attack took place. If the owner is liable, the victim is entitled to compensation for their injuries, which may include the cost of medical bills and pain and suffering.
In Georgia, an owner who knows their dog might be dangerous has a duty to take precautions to protect people from the animal. If they fail to take precautions that a reasonable person would have taken under the circumstances and another person is injured because of their carelessness, the owner may be found negligent.
On the dog owner’s property, those precautions may include keeping the dog contained in a backyard fence or keeping the dog contained in another room of the house when entertaining guests. What is required often depends on the dog’s behavior history or the type of guest invited onto the property. For example, if the owner knows that the dog is well-behaved around adults but is aggressive around children, they should take reasonable steps to keep the dog away from children.
If the dog has been classified as dangerous or vicious, the owner must follow detailed rules for containing or restraining the dog. For example, a dangerous dog must be kept in a secure, locked enclosure on the owner’s property that is designed to prevent it from escaping and to keep children out. The owner must also post clearly visible warning signs at all entrances to the property. The failure to follow these steps can be used as evidence of negligence in a dog bite legal claim.
Keep in mind that it is easier to make a claim when you are an invited guest on the dog owner’s property. Trespassing in the dog owner’s yard or home may be considered provocation because the dog is expected to defend its property or owner against intruders. Generally, a trespasser is someone who was not invited onto the property and has no good reason to be there. Even if you are not directly on the property, you may be considered a trespasser if you stick your hand through the dog’s fence to pet it.
Although dog owners do not owe the same duty to trespassers as they do to invited guests, not everyone who comes onto your property without permission is considered a trespasser under the law. For example, young children are not expected to understand the concept of trespassing or the dangers inherent in approaching dogs, so an owner may be liable if a child wanders into their yard and is bitten by their dog.
Mail carriers and delivery people are not considered trespassers either because they have implied permission to enter your property unless there is a gate or sign saying otherwise. People walking on sidewalks in front of your property are also not trespassers because sidewalks are considered public, rather than private, property.
How It Works When a Dog Attack Happens on the Victim’s Property
If the victim is attacked by a dog on their own property, the location may highly favor their injury claim (assuming the dog does not belong to the victim). This is especially true if the dog came onto the victim’s property while roaming free in violation of leash laws.
If the dog was running loose, it is not necessary to prove that the owner knew the dog was dangerous. All you need to show is that you were injured because the owner carelessly managed their dog or allowed it to roam free. You may be able to prove the owner was careless even if they had kept the dog in a fence if the owner knew the dog could escape. Evidence that a dog had previously escaped a fence or leash could show that the owner knew or should have known the dog was not securely maintained.
The situation is more complicated if you invite a dog onto your property, however. For example, if you were dog sitting for a neighbor, the court would consider whether the owner knew or should have known the dog was dangerous. Also, if you knew the dog had a history of biting or aggressive behavior but still agreed to keep it, the court may determine that you voluntarily assumed the risk. If you invited the owner to visit and they brought their dog, the court would consider not only the dog’s past behavior but what steps, if any, the owner took to protect you from it.
If the dog owner is liable for your injuries, you may have a claim against their homeowners or renters insurance policy. If the dog owner has no insurance or the dog is a stray, your own medical and/or homeowners insurance can cover the cost of your injuries.
How It Works if a Dog Attack Happens on Public Property
Under Georgia law, a dog owner may be held liable when their pet bites someone even if the owner is not present during the attack or it happens on public property. When taking their dog to a public place, such as a park or a walk down the street, the owner has a duty to obey leash laws and take reasonable precautions to protect others.
The owner also has a duty to protect people passing by their property on the street or sidewalk, though these are common places for dog attacks. Compared to attacks on the dog owner’s property, dog bite claims on public premises are more likely to favor the victim.
If the owner allows their dog to run loose in violation of leash laws, they may be held liable for any injuries their pet causes regardless of whether they have a history of dangerous behavior. If the owner lets their dog run loose in a public place that does not require a leash (e.g., a dog park), they may be held liable if the victim can prove that the dog was dangerous and the attack was not provoked.
Even if the dog was on a leash, the owner may still be held liable if the leash was too long to control the dog or the dog had a history of pulling free of the leash. If the dog has been classified as dangerous or vicious, there are specific rules about how they must be maintained when out in public. If the owner violates these rules and the dog bites someone, they may be held liable for the victim’s injuries.
In rare situations, you may have a claim against the government for a dog attack on public property. Generally, broad immunities that protect local and state government from legal claims can make it difficult for a dog bite victim to get compensation. For example, if you were attacked by a dog running loose at a community dog park, the local municipality would generally be protected. However, if the dog was owned by a city or county and injured someone due to the handler’s negligence, it may be possible to recover. But due to sovereign and official immunity (often available to law enforcement or other government employees) proving a case against the government is hard.
How It Works if the Dog Attack Happens on the Premises of a Business
In certain situations, business owners may be held liable for dog attacks that happen on their premises. For example, if the dog was owned by the business or it was in possession or control of the dog at the time of the attack, the business may be responsible. Businesses protected by guard dogs, retail stores that permit customers to bring dogs inside, dog groomers, and dog kennels are all examples where the business owner or entity may be liable for failing to take necessary precautions to protect people from dog attacks.
If the business does not allow dogs onto the property but someone is still attacked by one on the premises, whether the victim has a legal claim against the business depends on the situation. For example, if employees routinely allow dogs to enter the premises despite the business having a no-dog policy, the business may be liable for its employee’s actions. Similarly, if the business owner knew that dogs can and have entered the property in the past because of some fault in the premises (e.g., a broken fence), and they make no effort to remedy the problem, they may be held responsible if someone is attacked.
When a business owner or entity is the responsible party, the victim may seek compensation from the company’s insurance policy. Businesses typically have general liability insurance policies that cover dog bites, and certain commercial coverage specifically includes dog bite protection. If the owner or entity does not have insurance coverage, or if dog bites are excluded under the policy, you may file a lawsuit to recover compensation from business assets (or the business owner’s personal assets if they are a sole proprietor).
Depending on the circumstances, a victim may also have a claim against the dog owner. For example, if an owner brings their dog into a retail store and it gets loose and bites someone, the victim may have a claim against both the owner and the business entity if 1) the owner carelessly maintained the dog and 2) the dog had gotten loose or behaved aggressively at the store previously. Another example is where a dog’s owner allows it to roam free and the dog enters the business property because of a fault in the premises.
If the business owner or entity is not at fault, the victim may still have a claim solely against the dog owner. For example, if the dog’s owner brings it onto the property without permission and someone is injured, the victim may have a claim against the dog owner’s insurance policy, just as they would if the attack had happened on public property.
If you are bitten by a dog owned or controlled by the business (e.g., a guard dog), whether you may recover compensation works much the same way as when you are attacked by a dog on the dog owner’s private property. That means that if you are allowed to be there, you must prove the business owner or entity knew the dog may be dangerous and carelessly maintained it (and you did not provoke the attack). If you were injured while trespassing or committing a crime, a court may find that you provoked the attack.
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Can a Landlord Be Held Liable for Dog Attacks?
In some cases, yes.
Generally, a landlord is not responsible to third parties for damages resulting from a tenant’s negligence or illegal use of the premises. O.C.G.A. § 44-7-14. That means that an injured victim would typically only have a claim against the tenant or their renters insurance policy if they are attacked by a tenant’s dog—not the landlord who owns the property.
However, the landlord can be held liable for damages if the attack happened because they failed to keep the building or property in good repair. To prove a legal claim against the landlord, the victim must show that the landlord knew or should have known the dog was dangerous, and their failure to keep the property in a safe condition caused the injury.
If you have a claim against the landlord, you may recover compensation from their liability insurance policy. Depending on the circumstances, you may have a claim against both the landlord’s policy and the tenant’s renters insurance policy.