Atlanta Personal Injury Lawyer Blog

How often do dog bite claims occur in the United States?
There are about 4.7 million dog bites or dog attacks that happen every year in the U.S. Each day there are about one thousand dog bite victims receiving emergency room treatment around our country. Each year there are about eight hundred thousand dog bite victims that require medical treatment. Treatment for dog bite cases cost an average of eighteen thousand, two hundred dollars. Because dog attacks are so frequent and can cause such permanent and disfiguring dog bite injuries, it is very important to contact a dog bite attorney for a free consultation. Otherwise, the dog bite victim may be stuck with unpaid medical bills and little or no settlement even for dog bite claims involving serious injury or wrongful death.

How does the dog bite laws in Georgia compare to other states around the country?
The Georgia laws governing dog bit personal injury cases puts a heavy burden on the dog bite victim to prove certain facts before the dog victim can recover for their dog bite or dog attack injuries. These liability requirements are much more difficult to prove than the requirements for dog bite cases in many other states in the United States. This makes it critical for dog bite claimants in Georgia to hire an experienced dog bite lawyer.

What is the Georgia Dog Bite Statute?
The dog bite statute of Georgia can be found at Ga. Code Ann. sec. 51-2-7. This statute is often referred to as the Georgia Dog Bite Statute and places the following burden on the dog bite victim before they can recover for their dog bite claim damages (medical expenses, lost wages, and pain and suffering):

A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash. The foregoing sentence shall not apply to domesticated fowl including roosters with spurs. The foregoing sentence shall not apply to domesticated livestock.

What does it take under the Georgia dog bite statute (O.C.G.A. 51-2-7) to have a valid dog bite claim?
Animal owners or animal handlers can be liable or responsible for injuries that result from dog bites or attackes under two circumstances:
(1) The Scienter Ground: The scienter ground requires...
(a) the dog bite victim to prove that the dog was "vicious or aggressive",
(b) that the dog owner (defendant) had "scienter" which is knowledge of the dog's aggressive nature, and
(c) that the dog owner was negligent or careless in the way he or she managed the dog.

(2) The Ordinance Ground: This requires the victim of a dog bit or attack to prove the following two elements:
(a) The dog bite victim (plaintiff) must prove that the dog was not at heel or on a leash as required by a local ordinance or law, and
(b) that the defendant either carelessly managed the animal or allowed it to go at liberty.

So what does this mean? What do you need to have a valid dog bite case in Georgia?
So, to prove liability for a dog bite case under this statute, the Georgia dog bite claim can be based on either a violation of a leash law or the dog owner's knowledge that the dog had the temperament or propensity to bite people. Under the Ordinance Ground for a dog bite case (OCGA Section 51-2-7), the victim must prove per the statute that “the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government.” Experienced Dog bite lawyers know that if the claim is based on a violation of a ordinance (usually a leash law), then the plaintiff does not have to prove the dog owner had prior knowledge that the dog was dangerous or vicious. [See OCGA 51-2-7 and Johnston V. Warendh, 252 Ga. App. 674 (2001). An example would be a dog owner allows his or her dog who is known to be aggressive roam freely rather than being in a fence or on a leash.

What is the biggest defense used to defeat dog bite claims?
Georgia law gives the dog owner a defense often referred to as the "one free bite rule". This rule is often used by adjuster's and defense attorneys to deny liability or if the dog bite lawsuit has been filed as the basis for a summary judgment motion to throw the case out of court. However, experienced dog bite lawyers can often defeat a motion for summary judgment when a local ordinance such as the leash laws are being broken by the dog owner.

Why should every dog bite victim contact a dog bite attorney for a free consultation?
Since the dog bite victims usually sustain horrible injuries that often involve scarring or even disfigurement, and since the medical treatment for these type of injuries is often extremely high for plastic surgery and reconstructive surgery, it is very, very important for dog bite victims to contact a dog bite attorney for a free consultation as soon as possible after the dog attack.