Why Are Dog Bite Cases Complicated?

Dog bites are never inconsequential. Whether you were attacked by a dog, or your dog attacked someone, there are several unpleasant consequences both parties must face, including injuries and even having to possibly euthanize a beloved pet.

What makes dog bite cases especially complicated is that sometimes neither participant is truly at fault. Dog bite statistics prove time after time that children are among the most common victims of dog bites. Close to 50 percent of dog bite victims are children, and over half of those children’s injuries are severe enough to land them in hospitals.

Many children can’t interpret a dog’s body language or recognize early signs of agitation. Of course, a dog can’t discern whether the child is playing or actually trying to hurt it or steal its food or toy, which is why they won’t hesitate to act on their instinct and bite if they feel threatened.

Depending on the circumstances of the event, you may be able to sue the dog’s owner and seek damages for the injuries you or your loved one endured.

How You Can Prove Liability in a Dog Bite Case

To have a compelling case, you’ll have to prove the dog’s owner was aware or should have been aware of the danger their dog posed to people. If the dog had a history of biting or growling at others, the owner should have known it needed to be restrained or kept away from people and situations where an injury might occur. Secondly, if a dog escaped from their backyard and was roaming freely when the attack occurred, the owner will likely be held liable for neglecting to keep the dog in a confined place and away from people.

Questions of liability can arise when the owner claims their dog was provoked into biting someone. If the dog owner can prove the victim accidentally hurt the dog, pet them when it was eating or tried to break up a dog fight, they may not be liable for the victim’s injuries.

Georgia’s One Bite Rule

Georgia is one of sixteen states that utilize the one-bite rule. The Peach State’s “modified” one-bite rule states that unless the owner knew or should have known about their animal’s dangerous behavior, they should not be held liable for the injuries their animal caused to someone else. Some indicators that the dog posed a risk to other people can include:

• History of previous bites
• Growling and/or stalking strangers
• Chasing people
• Fighting and hurting other dogs

People may assume that owners of aggressive dog breeds are automatically liable if their dog bites someone for the first time. However, Georgia law makes it clear that all dogs are harmless until a history of aggression can be proven with evidence.

The exception that makes Georgia’s one-bite rule “modified” is that certain criteria or situations can get the one-bite rule thrown out. For example, if a dog is off leash in a place where a leash is legally required, it doesn’t matter whether the dog had shown any previous inclinations towards violence or aggression.

Evidence in a Dog Bite Case

Your dog bite case is only as compelling as the evidence you gather to back it up. To have a successful dog bite case you’ll likely need to illustrate your injuries with medical records and your doctor’s sworn statements. You can also enhance the validity of your case by presenting witness statements and photos or video of the attack and your subsequent injuries.

Recovering Damages

If the animal owner was a stranger, chances are you won’t hesitate to file a claim and seek damages to cover your medical costs, lost wages and pain and suffering. However, things get more complicated if the dog owner is a friend or family member. You may genuinely like or even love the person whose dog bit you and filing a claim against them might be the last thing you want to do.

You shouldn’t be forced to pay thousands of dollars for medical bills and physical therapy while missing out on work due to your injuries. It’s only fair that you pursue the compensation that will allow you to heal and recover without experiencing financial struggles that aren’t your fault.

Hopefully your friend or family member will understand the situation you’re in and won’t take it personally.

Get Legal Guidance from an Experienced Atlanta Dog Bite Lawyer

If you or your loved one was bitten by a dog and are now suffering financially due to medical bills or lost wages, working with a skilled lawyer may help you win the damages you need to recover.

At Atlanta Elite Lawyers, we’re committed to connecting people injured by dog bites with local personal injury lawyers ready to help you with your case.



To schedule your free consultation, contact one of the law firms listed on our website.