Service dogs are trained to assist people with disabilities, but they are still animals and can bite or attack. Victims sometimes assume they have no legal options because the dog was working as a service animal. But that’s not necessarily true. A dog bite injury from a service dog may support a personal injury claim in Georgia depending on the circumstances of the bite, the handler’s knowledge and control of the dog, and other factors under Georgia law.
At Weatherby Law Firm, we support people injured by dog bites and animal attacks throughout Atlanta and Georgia. Our team evaluates dog bite claims by reviewing the circumstances of the attack, applicable leash laws, prior incidents, and available insurance coverage. This guide explains how Georgia dog bite law applies to service animals, who may be responsible, and what compensation is available depending on the circumstances.
Georgia Dog Bite Law: When Is the Owner Liable?
Georgia does not automatically hold a dog owner responsible every time a bite occurs. Under O.C.G.A. § 51-2-7, an owner or keeper may be liable when a dangerous or vicious animal causes an injury through careless management or because the animal was allowed to go free, as long as the injured person did not provoke the incident.
A person pursuing a dog bite claim generally needs evidence showing:
- The dog had a dangerous or vicious propensity.
- The owner or handler had the required knowledge or notice of the danger, including circumstances involving an applicable leash ordinance.
- The injured person did not provoke the attack.
What Counts as a “Dangerous Dog” Under Georgia Law
Georgia law distinguishes between a dangerous dog and a vicious dog. A dangerous dog may include one that causes a substantial puncture wound or aggressively attacks in a way that makes someone reasonably fear serious injury. A vicious dog is one that causes a statutorily defined serious injury.
Service-animal status does not override Georgia laws governing dangerous dogs or civil liability for injuries. A dog can meet these definitions even if it qualifies as a service animal under the Americans With Disabilities Act (ADA).
How Georgia Leash Laws Can Affect Liability
Service animals generally must remain under their handler’s control. Federal ADA rules allow leash alternatives in limited circumstances when a leash would interfere with the animal’s work or the handler’s disability, but the handler must still maintain effective control. Many Georgia cities and counties require dogs to be restrained in public. When an applicable ordinance requires a dog to be leashed or at heel, a violation can become important evidence in your claim.
Can You Sue for a Service Dog Bite in Georgia?
Yes. You may be able to pursue compensation after a service dog bite in Georgia if the facts support liability under state law. The ADA gives qualifying service animals access to many public places, but those protections concern access, not immunity from responsibility for injuries.
ADA service animal requirements state that a service animal may be removed from a public place if it is out of control and the handler does not take effective action to control it.
Who’s responsible for a dog bite injury depends partly on who handled the dog and where the injury occurred:
When the Handler Is a Private Individual
O.C.G.A. § 51-2-7 may apply when a privately owned service dog bites someone. Evidence such as prior complaints, previous aggressive behavior, witness statements, and records showing the handler knew about the dog’s behavior establish and support liability.
When the Handler Is a Business or Employer
Depending on the circumstances, responsibility for a service dog bite at a workplace may extend beyond the individual handler based on factors such as the employer’s knowledge, control of the premises, and the employee’s actions within the scope of employment. If an employee is bitten at work, workers’ compensation rules may also affect the available legal options.
When the Handler Is a Government Agency
Claims involving service animals handled by state or local government employees can involve sovereign immunity and special notice requirements. Claims against Georgia state agencies, for example, may be subject to the Georgia Tort Claims Act and its ante litem notice requirements.
Local government claims follow different rules and deadlines. Because these requirements may apply well before Georgia’s ordinary two-year personal injury deadline, identifying the relevant government entity early is important.
Note: Police K-9s are law enforcement animals, not ADA service animals, and involve different legal considerations.
What Compensation Can You Recover for a Dog Bite Injury?
Dog bite compensation depends on the injuries and losses caused by the attack. Recoverable damages may include financial losses and the injury’s physical and emotional effects.
Medical Expenses and Other Economic Damages
- Medical expenses: You may recover emergency care, wound treatment, surgery, medication, and rehabilitation costs related to the bite.
- Lost income: A claim may include wages lost during recovery and, in serious cases, reduced future earning capacity.
- Other expenses: Reasonable costs related to treatment and recovery may also be included when properly documented.
Pain, Suffering, Scarring, and Other Non-Economic Damages
Georgia dog bite injury claims may also account for physical pain, emotional distress, permanent scarring, disfigurement, and other effects on the victim’s quality of life.
Medical records, photographs, and other documentation can support how the injury affected the victim during and after recovery.
When Punitive Damages May Apply
Punitive damages are exemplary in nature and are issued to punish gross negligence. They may be available when clear and convincing evidence shows willful misconduct, malice, fraud, wantonness, oppression, or a conscious indifference to consequences.
Georgia generally caps punitive damages at $250,000, although statutory exceptions apply.
What to Do After a Service Dog Bite Injury
What you do after a bite can affect both your health and your ability to recover dog bite compensation.
Immediate Steps at the Scene
- Seek medical attention. Even seemingly minor bites can cause infection or damage beneath the skin.
- Identify the handler and dog. Get the handler’s contact information and ask for the dog’s rabies vaccination records.
- Document the scene. Photograph your injuries, the location, the dog, and any leash or restraint involved.
- Get witness information. Ask anyone who saw the incident for their name and contact information.
In the Days Following the Bite
Report the incident to the appropriate local animal control agency and follow your medical provider’s treatment instructions. Keep medical bills, photographs, pharmacy receipts, animal control reports, and communications with the handler or insurance company.
If you are unsure whether the circumstances support compensation, contact a dog bite injury lawyer to review the situation and discuss your legal options.
What Not to Do After a Service Dog Bite
Do not:
- Provide the insurance adjuster with a recorded statement before speaking with a personal injury lawyer.
- Accept a settlement before you understand the extent of your injuries.
- Assume that the dog’s status as a service animal automatically prevents you from pursuing a claim.
Schedule a free consultation with Weatherby Law Firm today to discuss your situation and learn about your legal options.
FAQ — Service Dog Bite Injury Claims in Georgia
Can I sue if a service dog bites me in Georgia?
Potentially. A service dog’s ADA protections do not give its handler immunity from Georgia dog bite law, but liability depends on the circumstances and evidence.
What if I provoked the service dog? Do I still have a claim?
Provocation can affect whether a claim succeeds. Your attorney can determine whether particular conduct qualifies as provocation based on what happened before the bite.
How long do I have to file a dog bite claim in Georgia?
Georgia generally allows two years for personal injury claims under O.C.G.A. § 9-3-33. Different or shorter deadlines may apply in certain cases, including claims involving government entities or minors.
Who pays for dog bite injuries when the handler works for a business?
It depends on the circumstances. Potential insurance coverage and responsibility may involve the handler, employer, property owner, or another party depending on their respective roles.
Does the dog get put down if it bites someone in Georgia?
Not automatically. Georgia law provides procedures and restrictions for dogs classified as dangerous or vicious, and the outcome depends on the circumstances and severity of the incident.