Responsible dog owners understand that even beloved pets, regardless of breed or temperament, can bite. As a precaution, homes or establishments that house dogs have a responsibility to take appropriate measures to ensure the safety of others.
Sadly, not every dog owner takes these responsibilities seriously. If a dog bites you, you must know your rights under Georgia law regarding establishing liability and seeking compensation.
Georgia’s ‘one-bite rule’ and how it affects liability
Georgia follows a “one-bite rule” for dog bite cases. Despite its name, this rule doesn’t mean a dog gets one free bite before the owner is responsible. Instead, it looks at two things:
- Did the owner know their dog might bite someone?
- What did the owner do to stop their dog from biting?
Under this rule, a dog owner can be responsible for injuries their dog causes if:
- They knew the dog acted aggressively before
- They wasn’t careful in controlling their dog
- They broke a local law (like not using a leash when required)
The injured person must prove one of these things happened to hold the owner responsible. For example, if an owner knew their dog growled at strangers but didn’t use a muzzle or keep the dog away from people, they could be responsible even for the dog’s first bite.
Also, an owner who lets their dog run free in an area that requires leashes could be responsible, even if they say they didn’t know their dog might bite.
Exceptions to this rule
While Georgia’s dog bite laws usually favor the injured person, there are some exceptions that can affect who’s responsible. For instance, if you were on someone’s property without permission when the dog bit you, the owner might not be held responsible.
Another factor is whether you provoked the dog. If you teased or hurt the dog before it bit you, you might be partly at fault. Georgia uses a “modified comparative negligence” rule, which means if you’re less than 50% at fault, you can still get some compensation, but less than the full amount. However, if you’re 50% or more at fault, you can’t get any money at all.
Also, if you knew the dog was dangerous but chose to be near it anyway, you might have a harder time getting compensation. For example, if your friend warns you their dog is aggressive around food, and you approach the eating dog and get bitten, you might be seen as taking on that risk yourself.
These exceptions don’t automatically mean you can’t make a claim, though. The specific details of what happened are always at the core of deciding who’s responsible.
What to do after a dog bite
After a dog bite, taking the right steps can help protect your rights and strengthen your claim. Here’s what you should do:
- Seek medical attention immediately: Your health comes first, and medical records will be necessary for your claim.
- Report the incident: Report the incident to local animal control or law enforcement. This creates an official record.
- Gather information: Get the dog owner’s contact and insurance information if possible.
- Document everything: Take photos of your injuries and where the incident happened. Keep any torn clothing or other items damaged during the incident.
- Prove the owner’s knowledge or negligence: Do this by collecting witness statements, previous incident reports or evidence of leash law violations.
- Avoid discussing fault: Avoid discussing who was at fault, especially with insurance companies, until you’ve spoken to an attorney.
Aside from taking these steps, remember Georgia’s statute of limitations for personal injury cases. Under this statute, you generally have two years from the date of the dog bite to file a lawsuit. Whether you think you have a strong case or not, taking the proper steps to preserve your rights is important to getting compensation.
Get fair compensation
When seeking compensation after a dog bite, consider all potential damages. This includes immediate injuries and long-term complications. Infections, scarring and psychological trauma may not be immediately apparent but can affect you for years.
Fight for your right to fair compensation. By doing so, you’ll protect yourself and promote responsible pet ownership.