Georgia Dog Bite Claims: Meeting the Statute of Limitations Deadline

Imagine enjoying a sunny afternoon in your neighborhood when suddenly, an unleashed dog charges and bites you, leaving you with physical and emotional scars. In 2020 alone, there were 488 dog bite claims in Georgia, placing the state ninth in the nation for such incidents. While recovering from your injuries is your immediate priority, understanding the legal deadlines for filing a dog bite claim in Georgia is crucial to protecting your right to compensation. Missing the statute of limitations deadline can forever bar you from recovering damages for your injuries, medical expenses, and pain and suffering.

This blog post will explain the statute of limitations for Georgia dog bite claims, potential exceptions, and the steps you can take to ensure your claim is filed on time.

Understanding the Statute of Limitations in Georgia Dog Bite Cases

In Georgia, dog bite claims fall under the umbrella of personal injury law. As such, they are subject to the state’s statute of limitations for personal injury cases. Georgia Code § 9-3-33 dictates that “actions for injuries to the person shall be brought within two years after the right of action accrues”. In simpler terms, you have two years from the date of the dog bite to file a lawsuit against the responsible party.

This two-year clock starts ticking the moment the dog bites you because that is when the injury occurs and your right to take legal action begins. If you fail to file a lawsuit within this timeframe, the court will likely dismiss your case, preventing you from recovering any compensation for your damages.

Why is There a Statute of Limitations?

Statutes of limitations exist for several important reasons:

Preserving Evidence: Over time, memories fade, and evidence can be lost or destroyed. A statute of limitations encourages prompt action, ensuring that evidence is as fresh and reliable as possible.
Fairness to Defendants: It would be unfair to allow a lawsuit to be filed many years after an incident, when the defendant may no longer have access to relevant information or witnesses.
Promoting Resolution: Statutes of limitations encourage the timely resolution of disputes, preventing legal claims from lingering indefinitely.

Exceptions to the Statute of Limitations

While the two-year statute of limitations is generally strict, there are a few exceptions that may extend the deadline in certain circumstances. These exceptions are known as “tolling” the statute of limitations.

Minor Injured: If the dog bite victim is a minor (under 18 years old), the statute of limitations is tolled until the child turns 18. Once the child reaches 18, they have two years from that date to file a lawsuit.
Mental Incapacity: If the injured person is mentally incapacitated and unable to manage their legal affairs, the statute of limitations may be tolled until their capacity is restored.
Defendant Leaves the State: If the dog owner leaves Georgia after the bite but before a lawsuit can be filed, the statute of limitations may be tolled until they return to the state.
Fraudulent Concealment: If the dog owner actively conceals information about the dog’s dangerous propensities or their responsibility for the bite, the statute of limitations may be tolled.

It’s important to note that these exceptions are fact-specific and may require legal expertise to determine if they apply to your situation.

Georgia’s “One Bite Rule” and Dog Owner Liability

Georgia follows a modified version of the “one bite rule.” This means that a dog owner may be held liable for a dog bite if:

The dog had a history of aggressive behavior or had previously bitten someone.
The owner knew or should have known about the dog’s dangerous propensities.
The owner was careless in controlling the dog or allowed it to roam free.
The victim did not provoke the dog.

To win a dog bite claim in Georgia, you generally need to prove these elements. Evidence that can help establish liability includes:

Photos and videos of the dog bite injuries and the scene of the attack.
Medical records documenting the treatment you received.
Witness statements from people who saw the attack or who are familiar with the dog’s behavior.
Reports of previous bites or aggressive incidents involving the dog.
Evidence that the dog was not properly restrained or was running at large in violation of local ordinances.

Steps to Take After a Dog Bite to Protect Your Claim

Following these steps can help protect your right to file a claim and recover compensation:

Seek Medical Attention: Your health is the top priority. Get immediate medical attention for your injuries. This also creates a record of your injuries.
Report the Bite: Report the dog bite to your local animal control or health department. This creates an official record of the incident.
Identify the Dog and Owner: Obtain the dog owner’s name, address, and contact information. If possible, get proof of the dog’s rabies vaccination.
Gather Evidence: Take photos and videos of your injuries, the scene of the attack, and the dog (if possible). Collect contact information from any witnesses.
Keep Records: Keep detailed records of all medical expenses, lost wages, and other costs associated with the dog bite.
Consult an Attorney: Contact a Georgia personal injury attorney experienced in dog bite cases as soon as possible. An attorney can evaluate your case, advise you of your legal rights and options, and help you navigate the claims process.

The Role of a Dog Bite Attorney

A skilled Georgia dog bite attorney can provide invaluable assistance in pursuing your claim:

Investigating the Incident: An attorney can conduct a thorough investigation to gather evidence and identify all responsible parties.
Negotiating with Insurance Companies: Insurance companies often try to minimize payouts in dog bite cases. An attorney can negotiate with the insurance company on your behalf to reach a fair settlement.
Filing a Lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court.
Understanding Georgia Law: Georgia dog bite law can be complex. An attorney can help you understand your rights and navigate the legal process.

Don’t Delay: Act Promptly to Protect Your Rights

The statute of limitations for Georgia dog bite claims is a critical deadline that must be met to preserve your right to seek compensation. While exceptions exist, they are limited and fact-dependent. To protect your claim, take immediate steps to document the incident, seek medical attention, and consult with an experienced Georgia dog bite attorney.

Dog bite injuries can result in significant medical expenses, lost income, and emotional distress. Don’t let the statute of limitations prevent you from recovering the compensation you deserve.

Have you been bitten by a dog in Georgia? Contact our firm today for a free consultation to discuss your legal options.