Bitten by a stray dog: is the city hall liable: what to do under Georgian law

What to do

1. Health first: see a doctor the same day for rabies prophylaxis and keep the documents. Report the dog to the municipal or police service: an unsupervised animal that has bitten a person is subject to mandatory capture and examination (Tbilisi Municipality Rules on the Care of Animals (Dogs, Cats) and the Management of Their Populations, Art. 8; “Tbilisi Rules” below) — observation of the dog matters for the vaccination course.
2. Whose dog: a tag indicates a municipal programme; stray animals and the management of their population fall within the municipality's competence (Local Self-Government Code of Georgia, Art. 16); in Tbilisi, this is the municipal legal entity established by the city hall (the authorised body) (Tbilisi Rules, Art. 2); population control and veterinary supervision are within its remit (Tbilisi Rules, Art. 8). An animal that is “attached” to a person has a registered guardian (მიმკედლებელი) (Tbilisi Rules, Art. 2) — the argument that the animal's owner is liable for the harm it caused (Civil Code, Art. 1003). If there is an owner, it is not a stray dog.
3. Basis for a claim against the municipality: damage caused by a body or official of the municipality in the performance of duties is the municipality's liability (General Administrative Code of Georgia, Art. 208); clearly aggressive animals are also subject to mandatory capture — their release, or inaction in response to complaints, is an argument for breach of duty (Tbilisi Rules, Art. 8). Liability is not automatic — facts are needed: complaints about a pack, release of an aggressive dog, inaction of the service.
4. Amounts to recover: treatment (vaccinations) — may be claimed in advance (Civil Code, Art. 408); for bodily injury — moral damage (Civil Code, Art. 413); lost earnings.
5. Procedure: written demand; if refused, before suing the authority, one administrative complaint (unless the law provides otherwise) (Administrative Procedure Code of Georgia, Art. 2); a complaint against a written refusal — within one month of receiving it (General Administrative Code, Art. 180); compensation for damage caused by a body — administrative dispute (Administrative Procedure Code, Art. 2). Limitation period — 3 years from when the person learned of the damage or of the liable party (Civil Code, Art. 1008).
6. Where to apply: hospital; municipal animal service; city hall (demand, complaint); administrative chamber of the court.
7. Evidence: medical records and receipts, photos of the wound, the dog and its tag, witnesses, the reference number of the report, earlier complaints about the pack.
8. Pitfalls: postponing medical care to collect evidence; not reporting the dog; treating the municipality's liability as automatic; suing without a written demand and a complaint against the refusal.

Be sure to check

• urgent rabies prophylaxis and reporting the dog for capture and observation
• the municipality's and its service's duties regarding stray animals; the municipality's liability for harm caused by failure to perform them
• what to claim — treatment (in advance), moral damage in case of injury
• procedure — demand, administrative complaint, administrative court; 3-year limitation period