Dog Bites
Dog attacks represent some of the most gruesome personal injuries that are suffered, particularly where a child is involved (as is often the case). According to the Centers for Disease Control and Prevention (CDC), over 4.5 million people are bitten by dogs each year in the U.S. Almost one in five of those who are bitten (a total of 885,000) require medical attention for dog bite-related injuries. Children are especially at risk for dog attacks. It is important to teach children to be safe around dogs to prevent these catastrophic events from occurring.
In personal injury cases involving dog attacks, Georgia has a "one bite" rule that states that the owner of a dog is liable for damages inflicted by his or her dog if the owner knew or should have known of the dog's propensity to bite. O.C.G.A. § 51-2-7. The owner is expected to know of the dog's propensity to bite people if the dog has bitten someone before. Hamilton v. Walker, 235 Ga.App. 635, 510 S.E.2d 120 (1998). Once a dog has bitten someone, the dog owner must register the dog with the Georgia Dangerous Dog Control Office as a "dangerous dog." O.C.G.A. § 4-8-25.
Once a dog is designated a dangerous dog, the dog's owner essentially becomes the insurer of the dog. Thus, the dog's owner will be held solely liable for any injuries caused by his or her dangerous dog. O.C.G.A. § 4-8-30. For example, if the mailman leaves open a backyard gate that confines a dog registered as a dangerous dog, and the dog escapes and bites someone, the owner will be 100% liable for the dog bite, notwithstanding the fact that the mailman contributed to the dog running loose.
If a stray bites you, you have little legal recourse because you must file your claim against a dog's owner or keeper. Your municipality is not responsible for the dog, even if you have called the animal warden several times to pick up the stray.
