While some dog bites may seem harmless, other situations can leave you with serious injuries or property damage. In any case, injury victims should always seek medical attention immediately after being attacked.
A dog bite victim’s wounds risk getting infected, and some injuries could lead to permanent impairment of hands, arms, legs, or other appendages, especially if treatment is delayed.
The one bit of bright news is that you have options for recouping the costs of your medical treatment. Any time a bite is caused by a careless or irresponsible dog owner, you’re within your rights to file a personal injury claim against the dog’s owner to recover compensation for your damages from their relevant insurer.
To ensure you’re building the strongest claim possible and protecting your rights at every step, you can also get the help of an experienced Smyrna dog bite attorney.
At the CEO Lawyer Personal Injury Law Firm, we’re here to help. We offer the legal advice you’ll need to parse out this situation and maximize your chances of full damage recovery.
Our team can kick things off with a free, no-obligation case review, where we’ll review all the details of your case to determine the most effective path forward.
So, schedule your first consultation today. New clients can call (470) 323-8779 or contact us online to speak with a member of our team today.
When to Reach Out to a Smyrna Dog Bite Attorney
After a serious dog bite, you’ll likely face physical, emotional, and financial challenges, yet the next steps can be confusing. Most understand that if they’re involved in a car accident, they have the right to hold a negligent driver responsible for any damages caused — but after a dog bite, when should you reach out to an attorney?
First, you’ll want to consider where the accident occurred. For example, if the dog bite took place on public property, you may be able to hold a third party responsible for not properly maintaining the premises, but if the incident took place in a private residence, you’ll likely need to file the claim directly against the dog’s owner.
Keep in mind that, in Georgia, you can also hold a dog owner responsible for their dog’s actions, regardless of whether the dog was ‘provoked,’ though this, the location, and other circumstances that led up to the incident will all factor in as important evidence when it comes time to file a claim.
So, if you’re unsure how these details can affect your claim, don’t hesitate to contact an experienced dog bite lawyer. They’ll help you determine who is legally responsible for the dog bite and tap into the state’s laws and regulations governing dog bites.
They can also help you calculate your total damages, including the projected costs of future care. Most serious dog bites will result in immediate medical bills, but they can also require costly rehabilitation, emotional trauma, and lost wages down the line.
By working with an attorney, you can establish a better sense of any current, ongoing, and future damages you’ll need to seek compensation for, decreasing the risk you’ll have to pay out of pocket for medical care and other consequences of the vicious attack you’ve suffered.
Understanding Georgia Dog Bite Laws
While a dog bite can feel like an isolating experience, the American Veterinary Medical Association estimates that more than 4.5 million people report being bitten by dogs yearly in the United States. Of these, over 800,000 victims receive medical attention for their dog bites.
That means nearly one in five people who are bitten by a dog will require medical attention. Even more alarming is the fact that children are the most common victims of dog bites — and they’re also much more likely to be severely injured.
So, to protect the hundreds of thousands of individuals who suffer from serious dog bites each year, states across America have developed firm laws and regulations to govern these kinds of incidents. Georgia is no exception, relying on a handful of clear legal codes, statutes, and rules to protect individuals (and families) from incurring unnecessary damages after a serious dog bite incident.
Below, we’ll break down some of the most important legal grounds to remember.
An Overview of Strict Liability in Dog Bite Cases (O.C.G.A. § 51-2-7)
Georgia operates under a modified ‘strict liability’ standard regarding dog bites. This means that in most situations, the dog owner is liable for any injuries their dog has caused — regardless of the dog’s previous behavior or aggression.
This statute also puts the onus on the dog owner to take responsibility for their pet’s actions.
The One-Bite Rule and Its Limitations
Additionally, while strict liability is the prevailing rule, the ‘one-bite rule’ can come into play when the dog owner is unaware of their dog’s propensity for danger. So, if a dog has never shown signs of aggression before, the owner may not be held strictly liable for the first bite.
Nevertheless, the owner can still be held liable if they were negligent in controlling their dog — or failed to prevent the attack.
Liability of Dog Owners When Their Dog Is Off-Leash (O.C.G.A. § 4-8-1)
Under Georgia law, dog owners must also keep their dogs under control. If a dog is off-leash and attacks someone, the owner may be liable for the damages caused.
This regulation also extends to any situation where a dog is not properly restrained and will govern situations where a dog was (negligently) allowed to roam freely through public spaces.
The “Bad Dog” Statute and Its Implications (O.C.G.A. § 4-8-20)
The ‘Bad Dog’ statute was originally designed to hold dog owners accountable for their dog’s behavior and stipulates that owners are responsible if their dog causes injury to someone while off their property. In effect, this statute essentially expands the scope of liability for dog owners.
Legal Responsibilities of Landlords When Tenants’ Dogs Are Involved (O.C.G.A. § 44-7-14)
Landlords in Georgia can also face some degree of liability if they are aware of a tenant’s dangerous dog and yet do nothing to rectify the situation. For example, if a landlord fails to take action even though they know a tenant’s dog poses a risk, they can be held legally responsible for any injuries (or damages) the dog causes.
Time Limitations for Filing Dog Bite Claims Under the Statute of Limitations
Georgia maintains a strict statute of limitations on dog bite claims, and claimants typically have two years from the date of the dog bite to initiate legal proceedings. Of course, the sooner you file, the better, so don’t hesitate to contact a Smyrna attorney team today.
Legal Options for Dog Bite Victims
It’s important to understand your legal options after a serious dog bite. Here’s a quick overview of the different routes that are potentially available to those who are seeking compensation for their damages:
Personal Injury Claim
A personal injury claim is probably the most common legal recourse for dog bite victims. It involves determining liability and will typically tap into Georgia’s strict liability statute to help the victim seek compensation for their medical expenses, lost wages, and any other damages from the homeowner’s policy of the dog’s owner, the liability policy of a property owner, or another policy, as is most appropriate to the situation.
Mediation and Negotiation
Before pursuing a lawsuit, mediation and negotiation can typically be used to resolve the matter. Plus, with the guidance of an attorney, you can engage in more effective discussions with the responsible party and hopefully reach a settlement without going to court.
Filing a Lawsuit
If negotiations fail, you may need to file a lawsuit. This process will involve submitting a formal complaint, gathering evidence, and presenting your case in court before a jury.
This is the only situation where punitive damages can be requested solely for egregiously reckless, negligent, or intentionally harmful behavior. In any context, working closely with an attorney to build as strong of a case as possible before going in front of a jury is essential.
Reach Out to a Smyrna Dog Bite Law Firm Today
After a serious dog bite, the next steps that come with filing a personal injury claim (or lawsuit) can feel especially intimidating — but this is where your Smyrna personal injury attorney will shine. They will serve as your ally throughout the legal process and be there to advocate on your behalf every step of the way.
Claimants can use Georgia’s clear legal resources to offer you the guidance you need during this difficult time while facing off against any intimidating insurance companies or other parties to ensure your rights are protected at every step.
Don’t hesitate to contact our team to discuss a better path forward. At the CEO Lawyer Personal Injury Law Firm, we’re here to help, and new clients can call (470) 323-8779 or contact us online to speak with a team member about legal options.
