If you have recently been injured in a dog bite incident, you might feel confused and overwhelmed. At The Gunnels Law Firm LLC we understand how distressing it can be to deal with the aftermath of a dog bite injury. You may be unsure about your next steps or whether you have a strong case. The truth is, in Georgia, like in many other states, dog bite cases are often more complicated than they first appear. While you may have a valid claim for your injuries, dog owners can present several defenses that might challenge your case. It’s important to know what these defenses are so you can better understand your legal options and what to expect if you decide to pursue compensation.
Understanding Dog Bite Laws in Georgia
Georgia follows a strict liability rule when it comes to dog bites. This means that if a dog attacks and injures someone, the owner is generally responsible for those injuries. However, this rule is not without its exceptions. The defense that a dog owner may use can impact the outcome of your case, and understanding these defenses is crucial as you navigate the legal process.
Dog owners in Georgia may claim that the attack was not their fault, or that they should not be held responsible for the injuries caused by their dog. These defenses, although not always successful, are commonly raised in dog bite cases. Let’s explore the most common defenses used by dog owners in Georgia.
The Dog Was Provoked
One of the most common defenses a dog owner may use in a dog bite case is that the dog was provoked. In Georgia, if a person provokes a dog and gets bitten as a result, the dog owner may not be held responsible for the injuries. Provocation could involve actions such as hitting, kicking, or teasing the dog, or even acting in a way that frightens the dog. The defense typically argues that the victim’s behavior led to the dog’s reaction. If this defense is successful, it can significantly impact the outcome of your case. However, it is important to remember that proving provocation can be difficult, and the burden of proof falls on the dog owner.
The Victim Was Trespassing
Another common defense in dog bite cases is that the victim was trespassing on the dog owner’s property at the time of the attack. If you were on the dog owner’s property without permission, the owner might argue that they should not be held responsible for the dog bite injury. Georgia law allows property owners to defend against liability for injuries that occur when someone is unlawfully on their property. In this defense, the dog owner will attempt to prove that you were not invited onto the property, and therefore, you should not be entitled to compensation. It is important to note that this defense may not always hold up, especially if the dog was known to be dangerous or aggressive.
The Dog Was Not Known to Be Dangerous
In Georgia, a dog owner may also attempt to argue that their dog had no history of aggression or attacks. If the dog had never bitten anyone before or shown signs of being dangerous, the owner may claim they had no reason to believe the dog would attack. This is known as the “one free bite” rule. Under this rule, a dog owner may not be held responsible for a bite if the dog had no prior history of aggression and was not considered dangerous. However, the owner’s defense may be weakened if there were prior warnings that the dog was aggressive, or if the owner failed to take steps to prevent the attack.
I had the pleasure of working against Chris on a fairly complicated case. Chris was professional during the course of litigation, and undoubtedly maintained his clients’ interests as the primary focus throughout. Due to Chris’ efficiency and advocacy for his clients, we were able to resolve the case for a reasonable amount, without spending unnecessary time and expenses. I hope to have more cases with Chris in the future, and would have no hesitation recommending Chris to handle complex personal injury matters.” - Paul T.
The Dog Was Not At Fault
In some cases, dog owners will argue that their dog was not actually responsible for the bite. This defense is commonly used when there is doubt about whether the injury was caused by the dog in question, or if other factors were involved. The defense may argue that the injury was caused by another animal, or that the victim was injured in another way, such as from falling or running into an object. This defense requires the dog owner to present evidence supporting their claims that the dog was not involved in the attack.
Comparative Negligence
Georgia follows a comparative negligence rule, meaning that if you were partially at fault for the incident, your compensation could be reduced based on your level of responsibility. For example, if you were interacting with the dog in a way that the owner believes was unsafe or inappropriate, they might argue that you share some of the blame for the incident. If the court determines that you were partially at fault, your damages may be reduced in proportion to your responsibility. For example, if you were found to be 25% responsible for the bite, your compensation could be reduced by that amount.
The Dog Was Not Leashed or Contained Due to a Violation of Local Laws
Many cities and counties in Georgia have ordinances that require dog owners to keep their pets on a leash or in a secure area to prevent attacks. In some cases, a dog owner may try to argue that the injury occurred because the victim ignored these local regulations, and the dog was not properly leashed or contained. However, this defense is often difficult to prove and may not be successful in cases where the dog’s behavior was clearly aggressive or dangerous.
Dealing with Insurance Steps to File a LawsuitRelated Videos
Your Rights and Legal Options
If you’ve been bitten by a dog in Georgia, it’s important to understand your legal rights. While dog owners may present several defenses, they do not always result in a successful outcome for the owner. In many cases, a dog owner will be held responsible for their dog’s actions, especially if the dog was known to be dangerous or aggressive. The facts of each case are different, and our team can evaluate your situation and help guide you through the process.
If you are concerned about the defense tactics that the dog owner might use, we can help you build a strong case. Our team will gather evidence, work with medical professionals, and provide guidance to help you secure the compensation you deserve for your injuries. Even though dog bite cases can be complex, having an experienced attorney by your side can increase the chances of a successful outcome.
If you or someone you love has been injured in a dog bite incident in Georgia, don’t face the challenges alone. Contact us at The Gunnels Law Firm LLC today to discuss your case and learn how we can assist you in securing the justice and compensation you deserve. We are committed to helping victims of dog bites in Georgia navigate the complexities of their case, and we are here to fight for your rights every step of the way.