Common Law Liability
Under Georgia common law, a dog owner is liable for damages if the owner
knew, or should have known, that the dog had the propensity to bite and
cause injury. Under Georgia law, a dog’s aggressiveness or menacing
behavior alone is not sufficient to place the owner on notice of the
dog’s propensity to bite.
Dangerous Dog Statute
The Meaning of a “Dangerous Dog”
Under Georgia law, a “dangerous dog” is:
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a dog that, without provocation, inflicts severe injury on a human. A
severe injury is one that results in death, broken bones, or
disfiguring lacerations that require multiple sutures or cosmetic
surgery.
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a dog that, without provocation, aggressively bites, attacks, or
endangers the safety of humans after the dog was classified as
“potentially dangerous” and after the owner was put on notice that the
dog is potentially dangerous.
The Meaning of a “Potentially Dangerous Dog”
Under Georgia law, a “potentially dangerous dog” is a dog that, without
provocation, bites a human.
Legal Responsibilities of Dog Owners
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Owners must keep dangerous dogs and potentially dangerous dogs either
securely confined indoors or confined outdoors in a securely enclosed
and locked pen, fence, or structure that prevents entry of young
children, as well as escape of the animal. When outside the enclosure,
the dog must be muzzled and restrained by a substantial chain or leash
and be under the physical restraint of a responsible person.
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Owners must register dangerous and potentially dangerous dogs with the
state.
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Owners must post their property with a clearly-visible sign that warns
people of the dog’s presence. The state has a uniform symbol that must
be placed on the sign.
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Owners must maintain liability insurance of at least $15,000 for
personal injuries inflicted by the dog or a surety bond of $15,000 or
more payable to any person injured by the dog.
Liability of Dog Owners
Owners of dangerous and potentially dangerous dogs are strictly
liability for injuries and damages caused by their dogs. In addition to
civil liability, owners face criminal penalties of up to $5,000 in fines
and one year in prison for the first offense, and up to $10,000 in fines
and ten years in prison for second and subsequent offenses.