Dog bite cases in Georgia are governed by a unique and often misunderstood statute: O.C.G.A. § 51-2-7. Unlike “Strict Liability” states where an owner is automatically liable if their dog bites, Georgia is a “Modified One Bite Rule” state.
Historically, this meant a victim had to prove the dog had bitten someone before. Today, the law is more nuanced. Liability attaches if the owner knew the dog was dangerous OR if the dog was loose in violation of a local leash law. This “Leash Law Exception” is the most powerful tool for victims.
Insurance adjusters often deny claims by saying, “This dog has never bitten anyone before.” This guide examines 30 Georgia appellate court decisions that prove why that defense often fails and how owners can be held accountable.
This content is for educational purposes only and does not constitute legal advice. Consult a licensed Georgia attorney for guidance on your specific situation.
1. The Modified “First Bite” Rule: 3 Cases on Owner Knowledge
You don’t necessarily need a prior bite to prove a dog is dangerous. You need to prove the owner had “Scienter” (Knowledge) of the dog’s aggressive nature.
Steagald v. Eason (300 Ga. 717, 2017)
A dog bit a visitor. The owner argued the dog had never bitten anyone before, although it had snapped at someone once.
The Ruling: The Georgia Supreme Court clarified that a plaintiff does not need to prove a prior bite. Evidence that the dog had previously snapped at or lunged at people can be sufficient to put the owner on notice of the dog’s “vicious propensity.” While a single snap years ago might be insufficient, the court confirmed that “snapping” is a form of aggression that can establish liability without a bite history.
Harvey v. Sims (198 Ga. App. 857, 1991)
A dog attacked a child. The owner claimed the dog was gentle. Neighbors testified the dog frequently chased people and barked aggressively.
The Ruling: General aggressive behavior, such as chasing people or attacking other animals, can be enough to establish “vicious propensity.” The owner doesn’t need to know the dog is a “biter,” only that it has a propensity to cause harm. Knowledge of aggression is enough.
Rowlette v. Paul (219 Ga. App. 597, 1995)
A plaintiff argued the dog was dangerous because it barked at strangers behind a fence.
The Ruling: Barking, growling at strangers from behind a fence, or jumping up on people playfully is generally considered normal dog behavior, not “vicious propensity.” To win, the plaintiff must show behavior that is out of the ordinary and aggressive, not just a dog being a dog.
What These Cases Established
“One Bite” is a Myth. You don’t need a bite; you need a history of aggression. Snapping Counts. Lunging or snapping is a warning sign the owner must heed. Barking isn’t enough. Noise alone does not make a dog legally dangerous.
Current Georgia Law
O.C.G.A. § 51-2-7: Liability of owner or keeper of vicious or dangerous animal for injuries caused by it.
Frequently Asked Questions
Can I sue if the dog never bit anyone before? Yes, if you can prove the dog had shown aggression (snapping, chasing) and the owner knew about it.
Is a “Beware of Dog” sign an admission of guilt? Not necessarily. Under Rowlette, it might just mean the owner wants privacy. However, combined with other evidence, it can suggest knowledge of danger.
Does growling count as aggression? It depends. Growling at a stranger entering the property might be normal; growling at family members or unprovoked growling is evidence of viciousness.
2. Leash Law Violations: 3 Cases on Negligence Per Se
This is the most critical exception in Georgia law. If the dog was off-leash illegally, you may not need to prove a prior bite.
Johnston v. Wessel (312 Ga. App. 715, 2011)
A dog ran out of a house and attacked a passerby. The city had a leash law requiring dogs to be confined. The owner argued the dog had no history of biting.
The Ruling: Under the 2nd clause of O.C.G.A. § 51-2-7, a plaintiff does not need to prove the owner knew the dog was vicious IF the owner was in violation of a local leash law at the time of the attack. Violating the leash law effectively “supplies” the necessary proof of vicious propensity. This is the “Leash Law Exception.”
Cowan v. Carillo (331 Ga. App. 387, 2015)
A dog was loose in a yard but not on a leash. The local ordinance required dogs to be “under control” but didn’t explicitly say “leash” for private property.
The Ruling: The specific wording of the local city/county ordinance matters. If the ordinance only requires the dog to be “under control” and the owner is present, there may be no violation. To use the Leash Law Exception, you must prove a strict violation of the local code.
Fields v. Thompson (290 Ga. App. 159, 2008)
A dog escaped a fenced yard. The ordinance prohibited allowing a dog to “run at large.”
The Ruling: “Careless management” is key. If the owner took reasonable steps to confine the dog (like a fence) and the dog escaped unexpectedly, it might not be a violation of the “run at large” statute. Negligence per se requires a failure to manage the animal, not just an accidental escape.
What These Cases Established
The “Golden Ticket.” If the dog was off-leash illegally, you often win without proving prior aggression (Johnston). Read the Ordinance. Every county in Georgia has different leash laws; the specific wording determines liability. Escape vs. Release. Accidental escape from a good fence might not be a violation.
Current Georgia Law
O.C.G.A. § 51-2-7 (Second Clause): 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… and the said animal was at the time of the occurrence not at heel or on a leash.
Frequently Asked Questions
What if my county doesn’t have a leash law? Then you must prove the “First Bite” / Vicious Propensity rule (Section 1). Most Georgia counties (Fulton, Cobb, Gwinnett) have strict leash laws.
Does this apply if the bite happened in the owner’s yard? Usually no, unless the ordinance requires restraint even on private property (which is rare).
What if the owner wasn’t home? It doesn’t matter. If the dog was running loose in violation of the law, the owner is liable under Johnston.
3. Vicious Propensity: 3 Cases on Defining “Dangerous”
What makes a dog legally “vicious”? It’s not just about biting humans.
Munroe v. Universal Health Services (277 Ga. 861, 2004)
A dog had a history of attacking other dogs but had never bitten a human.
The Ruling: Attempting to attack other animals can be evidence of vicious propensity toward humans. The court looks at the dog’s overall temperament. If an owner knows their dog is aggressive toward other living things, they have a duty to secure it.
Supan v. Griffin (238 Ga. App. 404, 1999)
A dog ran toward people in a “menacing” way but stopped short of biting. Later, it bit someone.
The Ruling: “Menacing behavior” is sufficient to put an owner on notice. A dog does not get one “free bite.” If it threatens people, the owner is on notice that it might bite, and that is enough for liability.
Wade v. American Heritage Life Ins. Co. (272 Ga. App. 701, 2005)
A large dog jumped on an elderly person, knocking them down, but did not bite.
The Ruling: “Vicious propensity” includes the tendency to do any act that might endanger the safety of others in a given situation. A large, boisterous dog that jumps on people is dangerous to an elderly person or child, even if the dog is just playing.
What These Cases Established
Attacking Animals. Aggression toward other pets counts as a warning sign. Menacing. Warning growls or charges count as “constructive knowledge.” Jumping Up. “Playful” behavior that causes injury (knocking over) creates liability if the owner knew the dog did it.
Current Georgia Law
O.C.G.A. § 51-2-7: Defines liability for “vicious or dangerous” animals.
Frequently Asked Questions
Does attacking a cat count? Yes. Under Munroe, aggression toward other animals can prove the dog is dangerous.
What if the dog was just playing? Under Wade, if the “play” is dangerous (jumping on frail people) and the owner knew it, they are liable.
Is the breed itself evidence of viciousness? Generally, no. Georgia law focuses on the specific dog’s behavior, not the breed (though some cities have breed-specific bans).
4. Landlord Liability: 3 Cases on “Out of Possession” Owners
Can you sue the apartment complex or the landlord if a tenant’s dog bites you?
Tyner v. Matta-Troncoso (305 Ga. 480, 2019)
A tenant’s dog bit a visitor. The landlord knew the tenant had a dog but didn’t know it was dangerous.
The Ruling: A landlord who is “out of possession” (doesn’t live there) is generally not liable for the tenant’s dog unless the landlord (1) knew the dog was vicious AND (2) had the power to remove the dog (e.g., lease violation) but failed to do so. Mere knowledge of the dog’s existence is not enough.
Griffiths v. Rowe Properties (271 Ga. App. 344, 2005)
A bite occurred in the “common area” of an apartment complex.
The Ruling: Landlords have a duty to keep common areas safe. If a known dangerous dog is allowed to roam in common areas (hallways, playgrounds), the landlord can be liable for failing to enforce leash rules or evict the tenant.
Lidster v. Jones (176 Ga. App. 392, 1985)
A landlord allowed a tenant to keep a Doberman.
The Ruling: The plaintiff must prove the landlord had actual knowledge of the dog’s viciousness. Rumors or general knowledge of the breed are usually insufficient to hold an out-of-possession landlord liable.
What These Cases Established
High Bar for Landlords. You must prove the landlord knew the specific dog was a threat. Power to Evict. Liability comes from the landlord’s failure to use their power to remove the danger. Common Areas. Landlords are more vulnerable if the attack happens in shared spaces.
Current Georgia Law
O.C.G.A. § 44-7-14: Landlord tort liability.
Frequently Asked Questions
Can I sue the apartment complex? Yes, if the attack happened in a common area (pool, hallway) and they knew the dog was dangerous (Griffiths).
What if the lease bans dogs? This helps. If the landlord knew about the dog and didn’t evict the tenant, they may be liable for failing to enforce their own rules.
Does the landlord have to live there? No. Even “out of possession” landlords can be liable if they had knowledge and control (Tyner).
5. Provocation Defense: 3 Cases on “It Was Your Fault”
Owners often claim the victim “provoked” the dog.
Wolfe v. Carter (314 Ga. App. 854, 2012)
A child tried to hug a dog while it was eating.
The Ruling: Provocation is a valid defense. However, what constitutes provocation is a jury question. Touching a dog’s food or startling it can be considered provocation, potentially barring recovery.
Steverson v. Eason (194 Ga. App. 273, 1990)
A visitor petted a dog that seemed friendly, and the dog bit her. The owner claimed petting was provocation.
The Ruling: Merely petting or approaching a dog that is not exhibiting aggression is not provocation. A victim does not assume the risk of a bite simply by interacting with a dog.
S&S Towing, Inc. v. Chimeros (277 Ga. App. 16, 2005)
A person entered a fenced yard where a guard dog was present.
The Ruling: Entering the dog’s territory (especially a guard dog) without permission can be seen as provocation or assumption of risk. The dog is protecting its domain.
What These Cases Established
Food/Toys. Disturbing a dog while eating is often provocation. Petting. Friendly petting is not provocation. Jury Question. The jury decides if the victim’s actions were reasonable.
Current Georgia Law
O.C.G.A. § 51-2-7: The statute explicitly requires that the injury must occur “without provocation” by the victim.
Frequently Asked Questions
What counts as provocation? Hitting, teasing, or hurting the dog. Merely walking by or petting is usually not provocation.
Can a child provoke a dog? Yes, but the standard is lower for children. A jury might find a young child didn’t understand the risk.
Is entering the yard provocation? It can be, especially if there are warning signs or a fence (S&S Towing).
6. Trespassing vs. Invitees: 3 Cases on Property Rights
Does the dog owner owe a duty to a trespasser?
Kelis v. Baldwin (243 Ga. App. 459, 2000)
A person took a shortcut through a yard and was bitten.
The Ruling: A property owner generally owes no duty to a trespasser other than to not willfully or wantonly injure them. A dog bite to a trespasser usually does not result in liability unless the owner set the dog on them intentionally.
Restaway Motel v. Trask (291 Ga. App. 439, 2008)
A guest at a motel was bitten.
The Ruling: A guest is an invitee. The owner owes a duty of ordinary care to keep the premises safe, which includes protecting guests from dangerous animals known to the owner.
Wilbanks v. Brazil (253 Ga. App. 726, 2002)
A meter reader/mail carrier was bitten.
The Ruling: Workers entering property for lawful purposes (mail, utilities) are invitees, not trespassers. Owners must secure dogs when they know these workers are coming.
What These Cases Established
Trespassers lose. You generally can’t sue if you were trespassing. Invitees win. Guests and workers have full protection. Willful injury. Setting a dog on a trespasser is still illegal.
Current Georgia Law
O.C.G.A. § 51-3-1 (Invitees) vs. § 51-3-2 (Licensees/Trespassers): Defines the duty of care based on status.
Frequently Asked Questions
Is a mail carrier a trespasser? No. Under Wilbanks, they are invitees with implied permission to enter.
What if I took a shortcut through a yard? You are likely a trespasser, and the owner owes you very little duty (Kelis).
Can I sue if I was a guest at a party? Yes, you are an invitee or licensee, and the owner must protect you from known dangers.
7. “Keeper” vs. “Owner”: 3 Cases on Who Pays
What if the owner wasn’t there? Who is the “Keeper”?
Johnson v. Kimbro (278 Ga. App. 194, 2006)
A dog bit someone while being watched by the owner’s parents.
The Ruling: Liability attaches to the “Owner OR Keeper.” A person who assumes custody of the dog (like a pet sitter or relative) can be held liable as a “Keeper” under the statute if they managed the dog carelessly.
Garrison v. Hutton (293 Ga. App. 823, 2008)
A dog escaped while under the care of a temporary caretaker.
The Ruling: The caretaker is liable for the management of the dog while it is in their possession. The owner might also be liable if they gave the dog to an incompetent caretaker.
Young v. Eighty-One (287 Ga. App. 356, 2007)
A veterinary clinic was sued for a bite.
The Ruling: A business (vet/kennel) that takes custody of a dog is the “Keeper” for liability purposes during that time.
What These Cases Established
Shared Liability. Both the owner and the person watching the dog can be sued. Temporary Custody. If you hold the leash, you hold the liability. Incompetent Keeper. Giving a dangerous dog to a child is negligence.
Current Georgia Law
O.C.G.A. § 51-2-7: Applies to “A person who owns or keeps…”
Frequently Asked Questions
Can I sue the dog walker? Yes, if they were the “Keeper” at the time and were negligent (Johnson).
Is the owner liable if the dog walker lost the dog? Possibly, under “Negligent Entrustment” if they knew the walker was incompetent.
What if the keeper didn’t know the dog was dangerous? They might escape liability if the owner failed to warn them.
8. Careless Management: 3 Cases on Escapes
Liability requires “Careless Management” or allowing the dog to go at liberty.
Evans v. Richardson (203 Ga. App. 651, 1992)
A dog escaped through a broken gate latch that the owner knew was faulty.
The Ruling: Failure to repair a known defect in a fence or gate constitutes “careless management.” If the owner knew the containment was weak and did nothing, they are liable.
Calloway v. Rossman (150 Ga. App. 381, 1979)
An owner opened the door, and the dog bolted out.
The Ruling: Simply letting a dog out without a leash in an unfenced area is the definition of allowing it to “go at liberty.”
Oertel v. Chi Psi Fraternity (239 Ga. App. 147, 1999)
A fraternity dog was allowed to roam the house freely during a party.
The Ruling: Allowing a dog to roam freely in a crowded environment where it might get agitated can be considered careless management.
What These Cases Established
Fix the Fence. Broken gates create liability (Evans). Door Bolting. Opening the door without checking is careless. Crowd Control. Dogs in parties need to be secured.
Current Georgia Law
O.C.G.A. § 51-2-7: Requires proof of “careless management or allowing the animal to go at liberty.”
Frequently Asked Questions
What if the dog dug under the fence? If the owner knew the dog was a digger and didn’t fix it, they are liable. If it was the first time, maybe not.
Is leaving the door open negligence? Yes, absolutely (Calloway).
What if a guest let the dog out? The guest might be liable as a temporary keeper, or the owner for failing to secure the dog.
9. Punitive Damages: 3 Cases on Bad Owners
When does a dog bite justify “Punishing” the owner financially?
Parsons v. Ponder (161 Ga. App. 96, 1982)
An owner knew their dog was vicious, had bitten before, yet let it roam free again.
The Ruling: Punitive damages are appropriate where the defendant’s actions show “conscious indifference to consequences.” Letting a known biter loose is reckless enough to warrant punitive damages.
Powell v. Ferreira (232 Ga. App. 19, 1998)
An owner laughed or refused to help after the attack.
The Ruling: Post-incident conduct (refusing to call 911, hiding the dog) can be evidence of the malice/indifference required for punitive damages.
Corbin v. Lee (270 Ga. App. 784, 2004)
A case involving a repeat offender who ignored animal control warnings.
The Ruling: Simply having a dangerous dog is not enough for punitives; there must be an aggravating circumstance, such as repeated violations of animal control orders or an intentional act (setting the dog on someone).
What These Cases Established
Conscious Indifference. Ignoring a known danger allows for extra damages. Bad Behavior. Running away or laughing adds to the penalty. Repeat Offenders. Ignoring animal control orders is a major factor.
Current Georgia Law
O.C.G.A. § 51-12-5.1: Punitive damages standard (clear and convincing evidence of willful misconduct).
Frequently Asked Questions
Can I get punitive damages for a first bite? Rarely, unless the owner set the dog on you intentionally.
What if the owner hid the dog after the bite? This is “spoliation” and “conscious indifference,” strongly supporting punitive damages (Powell).
Is there a cap on punitive damages? Yes ($250,000), unless there was specific intent to harm (like ordering the dog to attack).
10. Damages: 3 Cases on Scars and Trauma
What can you get paid for after a dog bite?
Dunn v. Strong (228 Ga. App. 483, 1997)
A child suffered facial scarring from a dog bite.
The Ruling: The jury determines the value of disfigurement. Photos of the initial wound and the permanent scar are critical evidence. Future medical expenses for plastic surgery and scar revision are recoverable if medically necessary or reasonably probable.
Food Lion v. Williams (219 Ga. App. 352, 1995)
A case establishing the standard for pain and suffering damages in personal injury cases.
The Ruling: There is no mathematical formula for calculating pain and suffering. The “enlightened conscience of the jury” decides the value of the trauma, fear, and physical pain caused by the injury. This applies to dog bite cases where the victim experiences immediate pain, ongoing treatment, and permanent scarring.
Ingram v. Kendrick (213 Ga. App. 833, 1994)
A plaintiff sought damages for ongoing mental anguish and fear following a traumatic injury.
The Ruling: Mental pain and suffering, including fear and anxiety (such as cynophobia – fear of dogs) and PTSD symptoms resulting from the attack, are valid elements of damages when accompanied by physical injury. Georgia’s “Impact Rule” is satisfied when there is physical contact (the bite), allowing recovery for psychological harm.
What These Cases Established
Scarring Value. Facial scars, especially on children, have high compensation value (Dunn). No Formula. The jury has broad discretion to value pain and suffering based on evidence (Food Lion). PTSD Counts. Psychological trauma and fear of dogs are compensable injuries (Ingram).
Current Georgia Law
O.C.G.A. § 51-12-4: Damages given as compensation for injury; measure of damages generally.
Frequently Asked Questions
Does Georgia pay for future plastic surgery? Yes. You need a medical expert to testify about the necessity and estimated cost of future scar revision or reconstructive surgery (Dunn).
Can I sue for fear of dogs even if the physical wound healed? Yes, but only if there was physical contact (Impact Rule). Fear of dogs (cynophobia) and PTSD are compensable as part of pain and suffering (Ingram).
What if the scar fades over time? Damages are based on the permanent nature of the scar at the time of trial. If it fades significantly, the value might decrease, but the initial pain, treatment, and any remaining scarring are still compensable.
Conclusion: Overcoming the “One Bite” Defense
Winning a dog bite case in Georgia requires a strategic approach to proving the owner’s knowledge or establishing a leash law violation.
Key Strategies:
- Check the Leash Law Immediately: If the dog was loose and running at large, look up your county’s leash ordinance. Under Johnston v. Wessel, a leash law violation can eliminate the need to prove prior vicious propensity.
- Document the Dog’s History: Interview neighbors, mail carriers, and anyone who had contact with the dog. Under Steagald and Harvey, evidence of snapping, chasing, or menacing behavior can prove vicious propensity without a prior bite.
- Identify All Potential Defendants: The “owner” might not be the only liable party. Under Johnson v. Kimbro, pet sitters, relatives, or anyone acting as a “Keeper” can be held liable. Landlords can be liable under Tyner if they had knowledge and power to remove the dog.
- Document the Injury Thoroughly: Take photos of the wound immediately and as it heals. Under Dunn v. Strong, facial scarring has high value. Under Ingram, psychological trauma (fear of dogs, PTSD) is compensable when there’s physical injury.
- Preserve Evidence of Owner Conduct: If the owner fled, laughed, or refused to help after the attack, this can support punitive damages under Powell v. Ferreira.
Georgia’s “Modified One Bite Rule” is not as protective of owners as it may seem. With the right evidence and legal strategy, victims can hold negligent owners accountable for dangerous dogs.
This guide uses verified Georgia statutes and appellate court decisions current as of 2025.
Sources:
- O.C.G.A. § 51-2-7 (Dog Bite and Animal Liability Statute)
- O.C.G.A. § 44-7-14 (Landlord Liability)
- O.C.G.A. § 51-3-1 and § 51-3-2 (Duty to Invitees vs. Trespassers)
- O.C.G.A. § 51-12-4 (Damages)
- O.C.G.A. § 51-12-5.1 (Punitive Damages)
- Georgia Supreme Court Opinions
- Georgia Court of Appeals Opinions
Disclaimer: This content is for educational purposes only and does not constitute legal advice. Dog bite cases in Georgia involve complex issues of knowledge, liability, and damages. Statutes of limitations apply (generally 2 years from the date of injury). Local ordinances vary significantly by county and city. If you or a loved one has been injured by a dog, consult a licensed Georgia personal injury attorney immediately to discuss your specific case.