Animal Attacks and Dog Bites

Dog Bite Lawyers in Atlanta, Georgia 

Dogs are great companions and loved members of many of our families. Not all dog families are made equal though. There are irresponsible dog owners who put other people at risk with their behavior by failing to secure their pets. 

Dog bites are not a rare occurrence. The Centers for Disease Control estimate there are 4.7 million dog bites every year. Approximately 800,000 of those dog bites are severe enough to require medical treatment. Half of those requiring medical attention are children. 

Owners of high-risk dogs have a societal and legal responsibility to prevent their dogs from harming others. Owners who don’t protect others from their dogs, either by letting their dog wander without a leash or failing to keep their dog 

Things to Know About Dog Bite Laws 

There are certainly situations where humans provoke dog attacks. A dog owner cannot be sued if the person injured was doing something they should have known had the potential to cause the dog to attack. These include things like teasing, poking or being abusive towards the animal. Threatening a dog’s owner could also be viewed as provocation in some situations. 

If you accidentally step on a dog’s paw and it bites you, the dog’s owner may be able to successfully argue that your actions provoked the dog to bite, even if you didn’t intentionally do anything to provoke the canine. 

Trespassing is also considered provocation. If someone jumps the fence into your backyard and your dog bites them, you shouldn’t be held liable for the injuries it inflicts on the trespasser. 

The Burden of Proof Is on the Plaintiff 

Dog bite cases can be complicated due to the burden of proof being on the plaintiff. If you suffered a dog bite injury you will need to provide evidence to convince the judge and jury that you didn’t take any provocative actions that led to the dog bite. 

Unlike a criminal case where the burden of proof is “beyond a reasonable doubt,” civil cases like a dog bite personal injury suit hold to the “preponderance of evidence” standard. This means the judge or jury needs to believe it is at least 50 percent or more likely that you did not provoke the dog. 

The Dog’s History Can Be Used as Evidence 

Testimony regarding the dog’s disposition will likely have significant bearing on the case. What will be especially relevant is if the dog has ever bit anyone before. If the dog has a history of biting people, your case has a significantly better chance. 

Georgia Is a Strict Liability Dog Bite State 

Some states have laws known informally as “one-bite rules.” In a one-bite state, dogs and their owners are essentially given a pass for the first bite. The argument in those states is essentially the dog owner had no idea the dog posed a significant risk to other people and therefore isn’t liable for the injuries it caused. Any subsequent bites after that first bite they could be held liable. 

Many of those states also have laws regarding leashes and properly securing dogs. Even if the dog didn’t have a history of biting people, the owner is still required to leash the dog in a place where it was legally required. If the dog is off leash and bites someone, even if it’s the first bite, the owner could still be held liable. 

Georgia does not have a one-bite rule. Dog owners can be held liable for the first bite even if the owner supposedly didn’t know the dog was aggressive and posed a risk to other people. 

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