Dog bites are serious injuries that can have long-lasting effects. Even a couple of puncture wounds from a dog’s teeth can result in serious infection, sepsis, and other complications. You should immediately go to the hospital to have your wounds cleaned and receive the necessary antibiotics.
Then you should call Moffitt Law, LLC.
Our LaGrange, GA dog bite lawyer can review whether you can file a lawsuit or make an injury claim against the dog owner. Various Georgia dog bite laws impact whether you can sue, and we look at some of them in this article.
Georgia’s Statute for Dog Bites
Georgia Code § 51-2-7 is the most important of the Georgia dog bite laws. It states an owner is legally liable for injuries if the following is true:
- The dog is vicious or dangerous;
- The incident happened because of the careless management of the animal or by allowing the dog to run free; and
- The victim did not provoke the attack.
If a victim can prove all three elements, then the dog owner must pay damages to the victim. These damages usually include the cost of medical care, lost income, and pain and suffering, among other damages. Our dog bite injuries lawyer in LaGrange is happy to review your case to see how much you can request.
When is a Dog Vicious or Dangerous?
Georgia doesn’t have a “strict” liability dog bite statute. Instead, we’ll need to prove the owner knew the dog was vicious or dangerous.
For example, the dog might have bitten or attacked before for no reason. In that case, the dog has a violent history, and an owner should know the dog is dangerous. Under Section 4-8-21, a dog is defined as dangerous when it makes a “substantial puncture” in a person’s skin or aggressively attacks a person to the extent they reasonably believe they face imminent bodily injury. A dog is also classified as dangerous when it goes off its property and kills a pet animal.
A dog is automatically “vicious” if the owner violates a local law requiring the restraint of animals. A classic example is a leash law which requires that all dogs be leashed when in public. If the owner lets the dog run free in the park, then the dog is automatically vicious.
When is the Owner Careless in Handling the Dog?
Georgia dog bite laws also require that we show the owner was careless in handling or restraining the animal.
This will depend on the facts. Letting an animal roam free is one example. Failing to restrain their animal when it is running around outside is another example, especially if the dog has gone off the property.
Some owners build a fence to keep the dog on the property, but they might have let the fence fall. We need to review the facts. The sooner you contact a dog bite lawyer, the greater the odds of a successful injury claim.
Can You Sue for a Dog Attack Georgia?
As the above makes clear, everything depends on the specific facts of the animal and the owner’s management of the animal. You can expect an owner to defend by arguing the victim provoked the dog.
Provocation could include:
- Throwing rocks at the dog;
- Kicking the animal;
- Your dog attacking the other dog;
- Intentionally frightening the animal.
Of course, you might accidentally have stepped on the dog’s tail, which might not qualify as provocation because it was not intentional.
Instead, this type of accidental act could reduce the compensation you receive because of your contributory negligence. But in many cases, you can still sue.
Injured in a Dog Attack Georgia? Call Our Experienced Dog Bite Lawyer in LaGrange!
Dog attacks are usually sudden and terrifying. Before you know it, a dog has clamped its teeth onto your arm or leg, and you are desperate to get away. All sorts of dogs attack people, including young children. After an attack, go to the hospital for treatment, and then call an experienced lawyer at Moffitt Law, LLC.
We know dog bite laws in Georgia like few other law firms. We can help you document your damages and prove all the elements of your case. Do not try to negotiate a settlement alone. Many owners immediately blame the victim, and their insurer might take their side. You need a lawyer in your corner. Let us investigate and strengthen your claim. Contact us to schedule a free, no-risk consultation.