Dog bites are quite common in Atlanta, Georgia. Dog bite injuries can sometimes turn out to be very serious and can lead to soft tissue and nerve injury. Some injuries can also lead to lifelong post-traumatic stress. If you’ve been bitten by a dog, you should contact an Atlanta dog bite lawyer.
If you have been bitten by a dog in Atlanta, Georgia, you can get compensation by establishing dog bite liability on the part of the dog owner. However, there is a statute of limitations for dog bite liability cases. You have only two years to file a compensation claim from the date of the incident. You will have no case if you file later than two years, even if your dog bite injuries are life-threatening.
In order to prove dog bite liability in Georgia you and your Atlanta dog bite lawyer will need to demonstrate the following:
- That the dog was dangerous or vicious. You can prove this by obtaining information on the past history of the dog from the neighbors, SCPA or others who may have been bitten by the same animal. Any video that demonstrates the aggressiveness of the dog in question can also help your dog bite liability case.
- That the dog owner was careless and did not take reasonable precautions of keeping the dog safe. For example, the dog owner may have left the yard gate open, or the dog leaped over the fence because the fence was too small or broken and was not repaired by the owner
- That you did not provoke the animal. For example, you are walking along a public path, and the dog jumps the fence and bites you without any provocation. Or you are playing in your own yard, and the neighbor’s dog jumps into your yard and bites you. The owner will be the one who will be responsible for any dog bite liability in such a case.
If the dog owner is not around, this does not mean that the owner is not responsible for any dog bite injuries that are caused by their dog. In Georgia, all dogs have to be in proper control under the owner, whether at home or in a public place. In yet another example, if you are jogging in the park and an unknown dog without a leash bites you, the owner is still responsible for letting the dog run loose.
Georgia Negligence Law for Dog Bite Injuries and Dog Bite Liability
In Georgia, the rule of the law when it comes to dog bites is that you have to prove negligence. This means that in order to prove fault, the injured person must prove in court that the owner was well-aware of the fact that their dog was dangerous and they still did not demonstrate any reasonable care to restrain the animal or protect the public from injury.
If there is a hole in the neighbor’s fence and the dog repeatedly crawls underneath the fence and enters your yard and bites you, the owner is responsible for not having fixed the fence. In addition, the Georgia statute also has a ‘leash ordinance’ which clearly states that aggressive and vicious dogs must be leashed at all times when they are in public. If a dog owner does not abide by this and is out walking his dog or asks someone to walk their dog without the leash and if there is an incident, the person with dog bite injuries can file a claim. All they need to do is show in court that the dog was not on a leash as per the Georgia leash law, even if the dog owner considered their dog to be friendly and not aggressive.
Contact an Atlanta Dog Bite Lawyer
Dog bite liability cases can be complicated. If a dog bit you in Atlanta, Georgia, you should contact an Atlanta dog bite lawyer at The Law Office of John B. Jackson. Our legal team will get all the details of the incident and will prepare a strong argument pertaining to dog bite liability. It does not matter whether the owner was present at the time of the incident or not. The owner still holds responsibility. The only exception is if the person who suffered dog bite injuries was the one who provoked the dog. If that’s the case, there is very little chance of compensation.
However, if you are an innocent victim and if you have dog bite injuries that were not due to any provocation or negligence on your part, we will help you get the compensation you deserve. Call us today and our lawyers will be happy to assist you.