Georgia is not technically a one-bite rule state Please note. If the dog had already bitten someone in the past, the owner should know that the dog is dangerous. Your personal injury lawyer in Macon will need to prove that the dog owner had a reason to know that their dog is likely to bite or attack someone. So does Georgia adhere to the one-bite rule? While Georgia isn't technically a state with a single bite rule, it has similar legal standards that a dog bite lawyer will enforce.
In Georgia, a dog owner can be held liable if it can be shown that the owner knew the dog was dangerous; that is, that the owner knew or should have known that the animal was aggressive or was at risk of biting, and that the owner was careless in handling the dog or allowing it to be close to others people. People often refer to this as the “one free bite” rule, which is a little misleading because trying a previous real bite isn't always necessary. The rule is whether the dog owner knew or should have known that the dog had a tendency to cause the injury in question. Please note that this is not the law in Georgia.
In addition, in times of adoption of animals (animals with previous owners), a one-bite rule may not make sense. Some owners may have dogs with a propensity for dangerous behavior that they may not be aware of. For example, maybe they adopted a stray dog that previously bit someone before owning the dog. In addition, a dog owner can know that their animal is dangerous without having to document it.
Remember this down. Many states no longer follow the one-bite rule. Georgia isn't technically a one-bite rule state, but it's not a strict liability state either. We often say that Georgia has a modified one-bite rule when it comes to dogs.
In this state, a dog owner will be responsible for a dog bite if they knew their dog was cruel and did not take steps to prevent an incident. In other words, a dog owner is protected in certain circumstances when his dog bites another person. For example, to succeed under the one-bite rule, a plaintiff (injured party) would have to prove that the owner's dog had had a previous bite. While there is no strict liability, there is more flexibility than the strict requirements of testing a pre-bite.
Georgia State Law Allows Victims of Dog Bites and Dog Attacks to Recover Money from Negligent Owners and Caregivers. Georgia law sets some minimum standards, but it also allows counties and cities to have their own dog retention and dog bite ordinances. If you have been bitten by a dog or other animal in Georgia, contact an experienced dog and animal bite lawyer near you to learn your rights and options. If a dog hasn't bitten a person before, you usually can't rely on the rule of “first bite” or “one free bite”.
In addition, a dog owner may be criminally liable for certain dog bite injuries, even if the owner did not allow or encourage the dog to bite another person. To prove liability in a dog bite or dog attack case in the state of Georgia, it must be shown that the owner or handler of the dog did something wrong. Victims of dog bites can also hold dog owners accountable if the owner of the animal should have known that the dog was dangerous or cruel and could not control it. In Georgia's court system, certain damages are considered economic, meaning they come with or have a dollar amount (such as medical bills or lost wages).
Proof that a dog was being attacked or provoked can be a successful defense in a dog bite lawsuit. Although the one-bite rule usually involves bites or previous attacks to establish that the dog owner is aware of the dangerous behavior of their animal, the rule also covers any other type of behavior or warning signs that should warn a reasonable owner of their dog's dangerous or vicious propensities. You should seek medical treatment right away and talk to a dog bite injury lawyer as soon as possible if you have suffered a dog bite. A dog owner can try to avoid liability for bite injuries by trying to elevate one of several possible defenses to a dog bite injury claim.