Who Files a Dog Bite Lawsuit When the Victim Is a Child in Georgia?

A dog attack is frightening when the victim is an adult. When the victim is a child, the fear comes with a second layer of confusion: who has the legal right to do anything about it? Parents in this situation often do not know whether they, or their child, are the ones who can bring a claim. Georgia law answers that question directly. This guide explains how a child dog bite lawsuit in Georgia works, from who files to how the money is protected.

The Short Answer: A Parent Files the Child Dog Bite Lawsuit, but the Claim Belongs to the Child

A minor cannot sue in their own name. Georgia law requires an adult to step into that role, usually a parent, acting as the child’s “next friend” or natural guardian. The case caption will read something like “Jane Doe, as parent and natural guardian of John Doe, a minor.” The parent signs the paperwork, makes decisions with counsel, and attends depositions and mediation. The claim itself remains the child’s. It is tied to the child’s injuries, and any recovery for those injuries belongs to the child, not the family.

Georgia law actually recognizes two separate claims when a child is bitten:

• The child’s claim for pain and suffering, scarring, emotional trauma, future medical care, and any permanent impairment.
• The parents’ claim for the medical bills they have paid or are responsible for. Under Georgia law a parent is obligated to provide a child’s necessaries, including medical care, so the right to recover those expenses belongs to the parent.

That distinction matters because the two claims run on different clocks and are handled differently at settlement.

Who Has Authority to File for the Child

Either parent with custody may generally bring the child’s claim. If the parents are divorced, the custodial parent usually acts, though both may need to sign settlement documents. If a parent is deceased, absent, or unfit, a court can appoint a guardian to act for the child. Grandparents, stepparents, and other relatives do not have this authority automatically, even if they are the child’s primary caregivers. When a family’s situation is complicated, we help sort out who is legally positioned to act and, if needed, petition the probate court for a guardian.

What Georgia Requires to Hold the Dog Owner Liable

The liability rules do not change because the victim is a child. Georgia’s dog bite statute, O.C.G.A. § 51-2-7, makes an owner or keeper liable when a vicious or dangerous animal, through the owner’s careless management or by being allowed to go at liberty, injures a person who did not provoke it. There are two ways to prove the “vicious or dangerous” element:

1. The dog’s history. A prior bite, snapping, lunging, or complaints to animal control can show the owner knew or should have known the dog was dangerous. This is what people mean by Georgia’s “first bite” rule.
2. A leash-law violation. The statute itself says that if a local ordinance required the dog to be leashed or confined and it was not, that violation is sufficient evidence of viciousness. Atlanta, Fulton County, DeKalb County, Gwinnett County, and most metro jurisdictions have leash ordinances. A loose dog that bites a child on a sidewalk is often a case that does not depend on the dog’s history at all.

Children present some unique proof issues. A four-year-old cannot give a reliable account of what happened, so these cases lean on adult witnesses, medical records, animal control reports, and the owner’s own statements. We also address provocation early, because the defense in a child bite case is often that the child “teased” or “startled” the dog. Georgia courts are generally reluctant to treat ordinary childlike behavior as legal provocation, but the issue has to be handled carefully. Our articles on vicious propensity and dog owner liability go deeper on the elements.

The Filing Deadline Is Different for a Child

Georgia’s general deadline for injury claims is two years under O.C.G.A. § 9-3-33. For a minor, that clock does not start until the child turns 18, because O.C.G.A. § 9-3-90 tolls the limitation period during minority. A child bitten at age six could, in theory, file suit at age nineteen.

Two warnings go with that rule. First, the parents’ own claim for medical expenses is not tolled. It must be brought within two years of the bite. Second, waiting is almost always a mistake. Witnesses move, the dog is rehomed or euthanized, animal control records are purged, and the homeowner’s insurer closes its file. The strongest child dog bite cases are the ones investigated in the first weeks.

Where the Money Comes From

Most dog bite claims are paid by the dog owner’s homeowners or renters insurance, which typically carries $100,000 to $300,000 in liability coverage. Some policies exclude certain breeds or exclude dogs with a bite history, so identifying the right coverage early is essential. If the dog belonged to a tenant, the landlord is usually not liable unless the landlord had control of the animal or knew of the danger. Our article on whether homeowners insurance covers dog bites explains the coverage questions.

Why a Child’s Settlement Needs Court Approval

Because the money belongs to the child, Georgia does not let a parent simply sign a release and deposit the check. The rules in O.C.G.A. § 29-3-3, as amended in 2022, work in three tiers:

• Gross settlement of $25,000 or less: a parent may settle without court involvement or a conservator.
• Gross settlement over $25,000, but the child’s net share (after fees, expenses, and medical bills) is $25,000 or less: court approval is required, but no conservator is needed.
• Net share to the child over $25,000: court approval is required and a conservator must be appointed to receive and manage the funds.

If a lawsuit is pending, the judge handling the case approves the settlement. If not, the petition goes to the probate court in the county where the child lives. The judge reviews the terms, confirms the amount is fair given the injuries, and approves the distribution. Lawyers who regularly handle minor settlements can usually complete this process within a few weeks.

How a Child’s Settlement Funds Are Protected

Court-approved funds are typically placed where they cannot be spent before the child is an adult: a restricted bank account that requires a court order for withdrawals, a structured settlement annuity that pays out at 18 or in stages, or a conservatorship account with annual reporting to the probate court. Parents are sometimes surprised that they cannot use the money for the family’s expenses. That is by design. The court’s job is to make sure the child receives the benefit of the child’s claim. Medical bills the parents paid are reimbursed from the parents’ claim, not the child’s.

What Damages a Child Can Recover

Child bite injuries are disproportionately to the face, head, and hands, and they frequently involve scarring. Recoverable damages include medical expenses, future reconstructive or scar-revision surgery, pain and suffering, disfigurement, psychological trauma and counseling, and any lasting impairment. Documenting the long-term picture is critical. A plastic surgeon’s opinion about future revision procedures, and a therapist’s notes about fear of dogs or nightmares, often account for more of the value than the emergency room bill. Our article on compensation for dog bites covers each category.

Frequently Asked Questions

Talk to an Atlanta Dog Bite Lawyer About Your Child’s Case

Watching a child go through a dog attack is exhausting. The legal side should not add to the burden. Our Atlanta dog bite attorneys handle every step of a child dog bite lawsuit in Georgia, from the animal control report to the court approval hearing. Call Hoffspiegel Law at (404) 760-8600 or contact us online for a free consultation.

This article is general information about Georgia law and is not legal advice about your specific situation.