Georgia has unique regulations that vary across the state. Depending on which city and county you are in, the regulations about dog breeds may be different.
If you have been involved in a dog bite incident, the physical and emotional trauma can be significant. You do not have to struggle alone. As an experienced Marietta personal injury lawyer, we understand how challenging it can be when an animal or dog attacks you.
One-Year-Old Child Killed By Family Dog in Georgia
If you are a dog owner or interact with dogs, you may be wondering what you can do to prevent a dog bite from occurring. If you have been involved in a dog bite incident, it may be helpful to discuss your legal options with a Marietta Personal Injury lawyer.
Keep Dogs on a Leash in Cobb County
Under Cobb County Ordinance § 10-11, pet owners are responsible for keeping animals on a leash while on public property. Animal owners also are required to restrain or control animals preventing them from attacking other animals or people.
The number of animal attacks has increased significantly over the years. Today, dogs bite millions of Americans every year. A significant number of these attacks cause serious injuries. Some of these serious injuries are outlined below. Much like the number of attacks, the medical bills associated with these bites have increased, as well. That is partly due to high medical bill inflation and mostly due to a better understanding of dog bite injuries.
These victims can work with a Marietta personal injury attorney and obtain the compensation they need and deserve in these situations. Dog bite victims have several options in Georgia, and each option has some pros and cons. However, a number of insurance company defenses are available as well. Common ones include provocation, which is a form of comparative fault, and assumption of the risk, which usually involves a “Beware of Dog” warning sign. So, only the most aggressive and experienced lawyers should handle these cases.
Direct Physical Injuries
In 2020, mostly due to coronavirus restrictions, the number of dog bite claims fell slightly. However, the average settlement per claim hit an all-time high. Medical bill inflation, which has increased significantly since 2008, is partly responsible for this increase. Furthermore, doctors better understand the nature of dog bite physical and emotional injuries. More on that below.
Animal attack laws vary significantly in different jurisdictions. Georgia’s dog bite law is especially complex. Essentially, lawmakers have tried to balance the interests of pet owners, who usually want limited liability laws, and victims, who need protective laws. Typically, if you stay in the middle of the road, you get run over.
So, only a highly-experienced Marietta personal injury attorney should handle these claims. A less-experienced attorney might not be able to obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Being bitten or attacked by a dog can be a traumatic experience. The following article will provide some helpful information regarding what steps to take after being bitten by a dog and will also provide some additional steps to take if you decide to file a personal injury lawsuit against the dog’s owner.
Steps to Take After Being Bitten by a Dog
If you get bitten by a dog, you should immediately take the following steps regarding wounds you have sustained:
There are more than 78 million dogs living in American households as pets. These dogs often are considered by their owners to be a part of the family and are treated accordingly. For the most part they receive loving attention and respond with loyalty to their owners, providing welcome companionship. The vast majority never show any significant aggression to anyone.
That is not always the case, however. Every year 4.7 million people are bitten by dogs, and about 800,000 of those bites require medical treatment. In 2019, there were 59 deaths as a result of dog bites. In 2019, there were two deaths in Georgia from dog bites, while in 2020, there were three dog bite fatalities in Georgia. None were in the Marietta area, although one was in Gwinnett County.
Personal injury claims against Georgia state officials are subject to a special set of constitutional and statutory rules. According to the Georgia Constitution, the General Assembly “may waive the state’s sovereign immunity” by law in cases in which an individual employee negligently injures someone. But “except as specifically provided” by such a waiver, the Constitution says, no public employee can be held liable for “the performance or nonperformance of their official functions.”
What does this mean, practically speaking? Basically, you can not sue an employee for exercising his or her own discretion in the performance of a job. You can, however, sue an employee who fails to carry out a legally mandated (or “ministerial”) task.
Wyno v. Lowndes County
When is a dog owner legally responsible for an attack that injures someone else? Georgia law states that anyone who “keeps a vicious or dangerous animal” is liable for “careless management” of said animal. The question then becomes, how do you know when a dog is vicious or dangerous?
Steagald v. Eason
In 2015, the Georgia Court of Appeals dismissed a personal injury lawsuit brought by the victim of a pitbull attack. The court said there was no evidence that the defendants, the pitbull’s owner, had specific knowledge their dog might commit an “unprovoked attack on a stranger coming into the yard.” The court brushed off evidence of the pitbull’s “snapping” and other prior aggressive behaviors as “not unusual” for a dog.
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