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A house-sitter bitten after another dog was brought in

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Founding Attorney, 1LAW · Last reviewed July 2022

Legal Inquiry

Consumer Legal Issue

A family member was house-sitting for us and, without our consent, invited a friend who brought a small dog. That dog set ours off. The house-sitter stepped between the animals and was bitten, and the visitor injured a toe. Our outdoor camera shows the visiting dog coming in on its own, off the lead. As the homeowner, what are my rights and obligations? I have already helped with medical bills but I am concerned about being taken advantage of.

Attorney Answer

A dog bite in Georgia is not automatic liability — the statute has three separate requirements, and the facts here put all three in play.

O.C.G.A. § 51-2-7 sets out what has to be shown:

A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. 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 of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash.

Read against these facts, each element is genuinely contestable. Careless management or allowing the animal to go at liberty describes the owner's own conduct; a dog secured in its own home, with a second dog brought in without permission, is a different picture from a dog let loose. Provocation is the second: the statute excludes a person who provokes the injury by their own act, and stepping between two animals that are already engaged is conduct a court can weigh. And the leash-ordinance route to vicious propensity is about an animal required to be at heel or on a lead by local ordinance — which speaks to an animal at large, not one inside the home it lives in.

Helping with medical bills does not admit liability, and it is a decent thing to do. But keep it informal and documented rather than open-ended, because a pattern of payments can be characterised later as an acknowledgement.

What you can do

1. Preserve the outside footage now, and anything showing the visiting dog arriving off the lead. 2. Write down the sequence while it is fresh: who brought the second dog, whether consent was asked, and who moved first. 3. Notify your homeowner's insurer — most policies cover dog-bite claims and require prompt notice. 4. Keep a record of any medical payments you make, and stop open-ended promises. 5. Speak to a Georgia attorney before signing anything or agreeing a figure.

⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.

A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.

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Courts & Legal Aid in Georgia

Frequently Asked Questions

Is a dog owner automatically liable for a bite in Georgia?

No. O.C.G.A. § 51-2-7 requires that the owner kept a vicious or dangerous animal and, by careless management or by allowing it to go at liberty, caused injury to a person who did not provoke it. Each of those is a separate requirement.

What does the leash-ordinance rule in Georgia's dog-bite statute do?

It provides a route to proving vicious propensity: showing the animal was required to be at heel or on a leash by local ordinance and was not. It makes that one element sufficient, not the whole claim, and it does not create strict liability.

Does helping with someone's medical bills admit fault?

Paying medical expenses is not by itself an admission of liability. Open-ended or repeated payments can be argued about later, so it is worth keeping any assistance documented and defined.

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