Understanding Georgia’s “One Bite Rule” In Dog Bite Lawsuits

Is a dog owner liable for a dog bite? In other words, is a dog owner responsible when their dog bites another person? The answer isn’t so cut and dried and may depend on what state you’re living in.

Dog owner liability in most states falls into one of two categories. Dog owners are either strictly liable for their dogs (which means that the plaintiff does not need to prove the dog owner was negligent. In other states, like Georgia, you do have to prove the dog owner was negligent. The dog owner’s negligence is established by scienter—the Latin word for knowledge. Did the dog owner have foreknowledge that their dog was potentially dangerous? Had the dog bitten anyone before? Ultimately, you establish scienter by establishing that the dog owner had foreknowledge of their dog’s vicious propensities because the dog had bit another person before.

Georgia’s one-bite rule for dog owner liability can be found in O.C.G.A § 51-2-7:

A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured.

Understanding the one-bite rule

Despite the name, “one bite rule”, Georgia courts have established that a dog owner’s liability isn’t exclusively confined to scenarios in which the dog had previously bitten someone. The plaintiff needs to establish that the dog’s owner knew that the dog had vicious propensities. Essentially, any sign of prior aggressive conduct could potentially be used to establish a dog owner’s liability in a dog bite case.

So, to win a dog bite lawsuit in Georgia, you must establish that the dog’s owner had foreknowledge of the dog’s propensity to become vicious.

Understanding the principle of scienter in dog bite lawsuits

Crucial to Georgia’s dog bite law is the legal principle known as “scienter,” which means “knowledge” in Latin. Under scienter, a dog owner can only be deemed liable if they had actual knowledge of a dog’s aggressive tendencies. This means that if the dog had no history of aggressive behavior and then suddenly bit someone, the owner would not be liable to the victim.

Establishing liability in a dog bite lawsuit

A dog bite victim must establish a few key elements to successfully hold a dog owner liable in Georgia. These include:

• The dog had a vicious or aggressive nature
• The owner was aware of the dog’s aggressive nature
• The owner was careless in managing the dog (or allowed them to roam freely)

Plaintiffs who can satisfy these criteria have a good chance of winning their dog bite lawsuit.

Talk to a Brunswick, Georgia Dog Bite Lawyer Today 

Have you been bitten by an aggressive animal? If so, call the Jacksonville personal injury lawyers at Gillette Law today to schedule a consultation, and learn more about how we can help.