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A Dog Attacked Your Child:
Georgia's "First Bite" Rule
June 2000
Introduction
According to the most recent CDC statistics, dog bites hospitalize about 6,000 people a year and approximately 20 bites result in death. Dog bite related doctor visits increased 37% between 1986 and 1984. Children are the most likely victims. Every 76 seconds in the United States a child needs professional medical care for a dog bite. Children are smaller, they are at eye level with dogs, and, because of their tender years, they are less likely to be aware of what it means to provoke a dog. Children are intrigued by dogs. They merely want to pet or play with the dog. Often, due to their youthful inexperience, they want to play with the dog without regard to the temperament or current needs of the dog.
Dogs have a different chemistry than people. Dogs have 16 or more organisms in their mouths; some are tough and aggressive bacteria, which can cause serious infections requiring antibiotic treatment. If the bite is deep, the bacteria on your own skin can cause an infection, which may require medical treatment. People with diabetes, autoimmune disease, or without a spleen are at risk and should see their doctor for any dog bite.
Injuries from dog bites can be extremely serious, and result in large medical bills for the family of the injured. Dog bites can cause young children (and adults) to suffer strong emotional trauma. If a child suffers a severe dog bite, the child may have trouble sleeping, acquire a paralyzing fear of dogs or all animals, and develop a general nervousness. The trauma from the dog bite can have a major impact on the child's social and emotional development and the child's ability to study and learn at school.
If your child suffered a serious dog bite injury, it is important to seek the assistance of an experienced personal injury attorney. An attorney knows the state laws regarding dog bites, an attorney will gather and evaluate medical information, and an attorney will negotiate with the dog's owner or insurance company to obtain adequate monetary compensation for your child's injuries and trauma. An experienced trial lawyer will know that your child's emotional trauma is a very important factor in evaluating your child's claim for settlement or at trial.
Holding Careless Dog Owners Responsible
Generally, a dog owner is expected to know the temperament of his or her dog and is presumed to have knowledge of the dangerous or vicious nature of his or her dog. Most dogs are considered to be harmless unless they have a prior history of biting or causing harm to people.
A dog owner is expected to know his or her dog is dangerous, only if the dog has exhibited vicious behavior in the past, (unless the owner is held to a higher standard by state law). Prior bites or attempted bites, even in play, are evidence that a dog is dangerous by nature.
The common law legal rule applying to dog bites is simply this: When a dog bites someone for the first time, the dog owner is then put on notice that the dog is vicious. After the "first bite", the dog owner becomes liable for paying for the damages caused in other attacks by his or her dog.
However, society's belief that even "one-bite" is too many for an innocent victim has resulted in a public policy shift in many states. As a result, many states have abolished the "one-bite" rule either by the court ruling or by legislation. Some states now impose liability on a dog owner even if he or she had no knowledge of the animal's dangerous disposition. The "first-bite" rule is still the law of the land in Georgia.
If the owner of the dog is not present during an attack, but the dog is being kept by a third person, such as a veterinarian or employee at a dog kennel, the person watching the dog at the time may be held liable for the injuries sustained in the attack.
A dog owner may not be held responsible for the acts of his or her dog if the victim is responsible for the attack. For example, if the person attacked by the dog provoked the dog by kicking, striking, teasing, or tormenting the dog, or if the person attacked provoked the dog by attacking it's owner in the dog's presence, the dog owner may not be held responsible.
Petting or playing with a dog is not usually considered provoking a dog, unless the victim was warned not to do so. However, depending on his or her age, a child is generally not expected to know what it means to provoke a dog.
There is no law against owning a dangerous dog. However, the dog owner must take precautions to protect the public from being attacked by his or her dog. If a dog is vicious by nature, and a dog owner allows people to come near the dog without warning them of the dog's temperament, the owner will be held liable. An owner of a dangerous dog is also liable if the dog gets loose in public.
If a dog owner is held responsible for a child's injuries from a dog bite, the owner will be required to pay for treatment of all of the injuries caused by his or her dog. The owner may also have to pay money for physical pain, mental anguish, including apprehension of rabies. In some circumstances, the owner may be ordered to pay punitive damages, which is a monetary award designed to punish the owner for his or her careless behavior, if the owner knew about the vicious nature of his or her dog and recklessly disregarded the handling of the dog. Also, a court may order that the dog be put to death if it is found to be extremely vicious.
The Current State of Dog Bite Issues in Georgia
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 or her own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash (OCGA § 51-2-7). As amended in 1985, this law holds pet owners liability for a vicious or dangerous animal to the same general standard imposed by common law. The new statute does not repeal the common law "first bite" rule. The new law supports the limited protection of the "first bite" rule for pet owners by removing an inflexible strict liability standard. (See Hamilton v. Walker et al., 510 S.E.2d 120, 235 Ga.App. 635).
Georgia's "first bite" rule holds that a dog owner is liable for damages to a victim only if the owner has knowledge that his or her dog has exhibited a propensity to bite, attack, or do harm to people. The "first bite" rule consists of a two-part test. First, whether the dog has a tendency to bite, attach, or do harm to people. Second, if so, whether the owner has knowledge of that propensity." (See Hamilton v. Walker et al., 510 S.E.2d 120, 235 Ga.App. 635).
In order to support an action for damages under OCGA § 51-2-7, it is necessary to show that the dog was vicious or dangerous and that the owner had knowledge of this fact. Knowledge is a necessary and a material fact which must be shown before there can be any finding of liability against the pet owner. It is not enough, however, that the possessor of the animal has reason to know that the dog has a propensity to do harm in one or more specific ways; it is necessary that pet owner have reason to know of the dog's propensity to do the type of harm it inflicted in the attack on the victim. (See Rowlette et al. v. Paul et al., 466 S.E.2d 37, 219 Ga.App. 597).
Conclusion
Dog attacks can be extremely stressful on young children. A child may obtain a lifelong fear of animals after an attack. It is important to have a skilled attorney to insure that your family is fully compensated for all of the physical and mental injuries your child suffered as a result of the dog attack.
It is important to keep all of your child's medical records and bills and other documents (such as a police report or court subpoena) from the attack in a special folder for easy reference. Also, children rely on us to protect them and to take care of them. With this in mind, keep track of all of the psychological and mood changes in your child.
David E. Danda, PC - Personal Injury Experience
I have been a Plaintiff's Personal injury attorney for over 20 years. I have successfully resolved cases involving soft tissue injury, broken bones, and wrongful death for clients of all ages. Depending on the nature of your case, I offer the following services:
- Free Initial Consultation
- Case Evaluation of Facts, & Liability
- Preliminary Evaluation of Damages
- Assist filing claims with your Insurance Company to have your medical bills paid
- Assist filing claims to have your car repaired
- Help with rental car and property loss claims
- Obtain your medical records & lost wage information
- Preserve Evidence, Prepare Personal Injury Claim
- Negotiate Settlement
- Prepare for Trail
David E. Danda, PC
P. O. Box 941334
Atlanta GA 31141-0334
770.938.0977
770.939.6538 (fax)
ddanda@attbi.com (email)
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