Who is liable in a dog bite case, the dog owner or the property owner?

One of the most common questions we are asked here at the Georgia Dog Bite Lawyer is who is responsible for a dog bite, the dog’s owner or the owner of the property where the bite occurred? This is a good question; to answer it, we need to look at the law in Georgia.

Liability of the Dog Owner

Under OCGA §4-8-21, the term “owner” is defined as “any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dog. In the case of a dog owned by a minor, the term “owner” includes the parents or person in loco parentis with custody of the minor.” This means that the owner is not limited to just the person with official ownership; the definition includes anyone that is “possessing, keeping, or having custody of the dog.” Because of this liberal interpretation, a person “dog sitting” for a friend could possibly be held liable if the dog bites someone while under their care or control. This would also include someone boarding or grooming a dog, and while the dog is in their custody, it bites someone.

Bear in mind that for the purposes of this statute, the parents of a minor that owns a dog will also be considered to be the owner of the dog.

Liability of the Property Owner

Generally speaking, the owner of the property where the dog bite occurred is not liable for the bite. However, there are circumstances under which the property owner could be held liable. For example, if a landlord is aware that a tenant is keeping a vicious animal in an area of the property to which others have access, they may be held liable. Also, if the dog was allowed access to the victim due to the failure of the landlord to keep the property in good working order or repair, the landlord may be held liable for the bite.

It is important to remember as well that if the property owner also meets the criteria listed in the definition of the dog owner above, they may be held liable for the dog bite.

Determining whether or not the owner of the property where the dog attack occurred is liable for the bite is a matter that should be considered on a case-by-case basis by an attorney that has experience in this area. At the Georgia Dog Bite Lawyer, we look at each case individually to determine who is liable for any bites sustained by our clients and make sure we pursue compensation accordingly.

The Georgia Dog Bite Lawyer Is Ready to Help

If you or a loved one has been bitten or attacked by a dog, we know you have many questions. Contact us to schedule a free consultation with attorney Andrew Gebhardt to learn how we can help. We are available 24/7/365 and have a Spanish-speaking staff member ready to assist.