What is the One Bite Rule in Georgia?

Georgia’s Approach to Dog Bite Liability

Georgia law, specifically O.C.G.A. § 51-2-7, holds dog owners accountable if their animal is deemed vicious or dangerous and causes injury to someone who did not provoke the attack. The key elements include:

• Vicious or Dangerous Animal. The dog must have exhibited aggressive behavior or caused injury in the past.
• Owner’s Knowledge. The owner must have known or should have known about the dog’s aggressive tendencies.
• Negligent Management. The owner must have carelessly managed or allowed the animal to roam freely.
• Unprovoked Attack. The victim did not provoke the dog.

This statute effectively modifies the traditional one bite rule by focusing on the owner’s knowledge and the dog’s behavior, rather than just a previous bite incident.

Signs of a Vicious Dog in Georgia

Georgia classifies a dog as vicious or dangerous based on various behaviors, not solely on a prior bite. Indicators include:

• Previous Bites. Any prior incidents where the dog has bitten someone.
• Aggressive Behavior. Growling, snapping, or lunging at people or other animals are crucial indicators of a potential threat.
• Unprovoked Attacks. Attacks that occur without any provocation from the victim.

If a dog has exhibited such behaviors, the owner may be held liable even if the dog has not bitten someone before.

Legal Protections for Dog Bite Victims

Georgia implements a modified version of the one bite rule. The state’s dog bite laws are nuanced and can vary depending on the circumstances. Georgia law provides avenues for victims to seek compensation if bitten by a dog:

• Strict Liability for Dog Bites. Georgia law imposes strict liability on dog owners for injuries caused by their dogs in certain situations. This means that if a dog bites someone without provocation, the owner can be held liable regardless of the dog’s past behavior.
• Prior Knowledge of Aggression. The one-bite rule traditionally applies when the owner had no prior knowledge of the dog’s dangerous tendencies. If the owner knew or should have known that the dog was dangerous, they can be held liable for injuries caused by the dog’s first bite.
• Provocation and Trespassing. Liability may be reduced or eliminated if the victim provoked the dog or was trespassing on the owner’s property at the time of the bite.

It’s crucial to gather evidence, such as medical records, witness statements, and any prior complaints about the dog’s behavior, to support your claim.

Key Points About Georgia’s Dog Bite Laws

• No Requirement to Prove Prior Bite. Unlike some states, Georgia does not require the victim to prove that the dog had bitten someone before to hold the owner liable.
• Strict Liability Applies. Georgia law (O.C.G.A. § 51-2-7) generally holds dog owners strictly liable for injuries caused by their dogs, meaning the victim does not have to prove negligence.
• Exceptions Exist. Liability may be limited if the victim was trespassing, teasing, or provoking the dog.
• Damages Recoverable. Victims can seek compensation for medical expenses, pain and suffering, lost wages, and other damages resulting from the dog bite.

Statute of Limitations in Georgia

In Georgia, the statute of limitations for filing dog bite cases is two years from the date of the incident. It’s essential to consult with an attorney promptly to protect your rights.

Why You Need a Skilled Dog Bite Attorney

Dog bite cases can be complicated, especially when issues like provocation, trespassing, or the dog’s history come into play. At The Jewkes Firm, Attorney Jordan Jewkes has extensive experience handling dog bite injury claims in Georgia. We understand how to gather evidence, work with medical experts, and negotiate with insurance companies to maximize your recovery.

What to Do If You Are Bitten by a Dog in Georgia

• Seek Medical Attention Immediately. Your health and safety come first. Even minor dog bites can result in severe infections.
• Report the Incident. Notify local animal control or law enforcement to document the bite.
• Gather Information. Collect the dog owner’s contact information, take photos of your injuries, and gather witness statements if possible.
• Contact The Jewkes Firm. Consult with Attorney Jordan Jewkes as soon as possible to protect your rights and begin building your case.