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David Adams
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Department of Health Sciences, AASU

 

Dog Bites and Georgia Law

by David Adams

January 08, 2014

Dog owners, according to Title 51, Section 51-2-6 of the Georgia Code, assume significant responsibility for the behavior of their dogs. The principles outlined in this law apply to bites on—or off—an owner’s property. Moreover, they apply to individuals who own "a vicious or dangerous animal of any kind," canine or otherwise.

The text of Title 51, Section 51-2-6, highlights other mandates. An owner must maintain control of his or her dog at all times. If, for example, the dog goes "at liberty" and injures someone without provocation, then the owner "may be liable in damages" to the injured party. In order to prove "vicious propensity," one need only to demonstrate (according to city, county, or state law) that the animal must be "at heel or on a leash" but was not at the time of injury. This principle does not apply, however, to "domesticated fowl" or "livestock." The take-home message? If it is your dog, then it is your responsibility to control it. In practice, this means keeping it in a fenced enclosure or carefully leashed when walking about.

The dog bite ordinances in Chatham County largely reflect those of the State of Georgia. To begin, the Chatham County Health Director has the authority to determine whether a dog is "dangerous." Moreover, any dog observed or "reliably believed" to have "bitten or attacked a human or animal" is subject to impoundment by Animal Control officials.

It is unlawful to harbor unrestrained "vicious" or "non-vicious" animal in Chatham County. "Restraint" in this case means that the dog must be chained, leashed, bridled on controlled by a "similar effective or humane device." The animal also requires "the immediate supervision of a competent person" on the owner or keeper’s property. If the dog in is a moving vehicle, then the ordinance requires confinement in the vehicle itself, "or within a cage, fence, or similar secure enclosure." The ordinance also specifies certain limits on dog-restraints. Not less than 10 feet in length, they must not allow "choking or strangulation."

DOG-BITE STATISTICS

Emergency departments (EDs) in the United States treat hundreds of thousands of dog bite victims every year. In 2008 alone, more than 316,000 ED visits involved dog bites, approximately 140 visits per 100,000 people. Dog bites resulted in nearly 10,000 hospital admissions, a rate of 3.1 stays per 100,000 population.
Males fared the worse. They were treated more often than females in EDs, 110 per 100,000 vs. 98 per 100,000). There were no differences in dog bite-related hospitalizations. Costs from dog bites averaged more than $18,000, about 50% more than typical injury-related hospitalizations. Private insurance covered less than half of all dog bite ED visits and hospitalizations.

Age is also an important risk factor in dog bites. Nearly three-quarters of such cases seen at EDs involved individuals under 45 years of age; roughly, half of dog bite hospitalizations were under 45 years of age. Rural populations were 4 times more likely to visit EDs due to dog bites and three times more likely to be hospitalized. The Midwest ranked first in dog bite-related ED visits (110 per 100,000 persons), followed by the Northeast (109 visits per 100,000 population). The lowest rates occurred in the West (93 visits per 100,000). Hospitalizations for dog bite-related injuries were highest in the Northeast (four stays per 100,000 population) and lowest in the West (2.5 stays). Primary diagnoses for such injuries included skin and subcutaneous tissue infections, open wounds of the extremities, open wounds of head, neck, and torso, and upper-limbs fractures.

Dog bite-risk is associated with specific breeds (see Figure A below). At first glance, it appears that smaller dogs (e.g., Dachshunds) are associated with smaller risks, and larger dogs (e.g., German Shepherds) are associated with larger risks. A closer look, however, suggests a far less clear association. Breed, not size, of the dog is a primary risk factor for biting behavior (See Figure A). One should note, however, that Figure A below does not address mixed breeds.


FIGURE A
Source: Pfortmueller, et al. Scientific World Journal. 2013 Sep 24;2013:393176. doi: 10.1155/2013/393176.

Recent research suggests that dog bites among children remain a tragic issue. A review of pediatric dog bite injuries treated at the Children’s Hospital of Philadelphia from April 2001 and December 2005 identified 551 cases, 5 months to 18 years of age. Sixty-three percent of the cases involved male children. Dog bite injuries were most prevalent during mid-summer, 24% during June and July. Among them, grade school children, aged 6 to 12 years, comprised the largest group of victims (51%). Next were preschoolers, aged 2 to 5 years (24%); teenagers, aged 13 to 18 years (21%); and infants, aged birth to 1 year (5%). Preschoolers and infants sustained the most facial injuries (53%), while older children sustained the most extremity injuries (6.1%). More than thirty breeds were involved in the Children’s Hospital injuries. The most common included pit bull terriers (51%), Rottweiler’s (9%), and mixed breeds of two (6%).

The Philadelphia Children’s Hospital findings are important for several reasons. The data highlight issues of age, gender, breed-specificity, and the seasonality of dog bite injuries. Each raises important avenues for dog-bite prevention efforts by public health officials, parents, and schoolteachers.

Another study, conducted in a pediatric emergency facility in Pittsburgh, examined differences in dog bite injuries among younger (< 6 years) and older (> 6 years) children between 1999 and 2000. Cases were split almost evenly between younger and older children, (53% vs. 47%). Among them, younger children were significantly more likely to have been bitten by the family dog with an up-to-date rabies vaccine. They were also more likely to sustain a facial bite. Dog bite prevention, the authors concluded, should not overlook the potential dangers associated with the family pet.

CONCLUSION:

Dog bites represent an important public health issue. All ages are at risk; however, some age groups (e.g., children) face particular risk for dog-bite injuries. The laws of Chatham County outline the responsibilities of owners to control their dogs and, most importantly, to safeguard the common good of its citizens.

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