Kennesaw, GA, Dog Bite Injury Lawyer
In Kennesaw, we love our dogs. They are our companions on walks through Swift-Cantrell Park, our greeters at the door, and beloved members of our families. But because we are so comfortable around dogs, we can forget that any dog, regardless of breed or size, is capable of causing serious harm. If a dog attacked you, you have legal rights. Our compassionate and skilled Kennesaw, GA, dog bite injury lawyers can help you navigate this sensitive process and fight for the compensation you need to heal.
When a dog attacks, the physical and emotional trauma can be devastating, especially for a child. To make matters worse, the dog often belongs to a neighbor, a friend, or even a family member, making the path to justice feel complicated and emotionally charged. In this difficult time, you need guidance from a legal advocate who understands the law and your unique situation.
At Williams Elleby Howard & Easter, we understand. We are here to provide clear, confidential advice on your rights. Contact us today for a free consultation.
The Unique and Sensitive Nature of a Dog Bite Claim
A dog bite case is not like other personal injury claims. The legal landscape is complex, and the personal relationships can create significant emotional hurdles for victims. Our approach is built on understanding and overcoming these specific challenges.
Navigating Complicated Personal Relationships
One of the most challenging aspects of a dog bite case is that the dog’s owner is often someone you know and care about. The idea of “suing” a neighbor or friend can be incredibly stressful. It’s important to understand that in most cases, a personal injury claim is not filed against your neighbor’s personal assets. Instead, the claim is made against their homeowner’s or renter’s insurance policy.
These policies exist specifically to cover incidents like this. Our job is to handle all communications and negotiations with the insurance company, allowing you to preserve your personal relationships while still pursuing the compensation you rightfully deserve for your medical bills and suffering.
Overcoming Insurance Company Tactics
Insurance adjusters for the dog owner will often try to place blame on the victim. They may suggest that you provoked the dog, were trespassing, or should have known better than to approach the animal. This is a common tactic designed to reduce your claim. We are experienced in fighting back against this victim-blaming and building a case based on the facts and the owner’s legal responsibility.
Understanding Georgia’s Complex Dog Bite Law
Georgia does not have a “strict liability” rule for dog bites, which would make the owner automatically responsible. Instead, our state follows a specific and often confusing statute (O.C.G.A. § 51-2-7). To successfully bring a claim under this law, we must generally prove two key things:
- That the dog had a “vicious propensity” (a known tendency to be dangerous); AND
- That the owner knew about this dangerous tendency.
This is sometimes called a “modified one-bite rule,” but the idea that a dog gets a “free bite” is a dangerous misconception. There are multiple ways to prove a case, and our experienced dog bite attorneys will explore every avenue.
Proving a Dog Was Dangerous
Proving a dog’s “vicious propensity” does not always require proof of a previous bite. We can use evidence to show the owner should have known their dog was potentially dangerous. This evidence can include:
- The dog has bitten someone before.
- The dog frequently lunges, growls, or snaps at people.
- The owner keeps the dog chained up or warns people to stay away from it.
- The dog has chased or acted aggressively toward neighbors or delivery people.
The Leash Law: A Powerful Path to Proving Negligence
There is another, often more direct, path to holding an owner responsible. If a dog bites someone while the owner is violating a local ordinance, such as a leash law, it can be powerful evidence of negligence. Cobb County, which includes Kennesaw, has a clear leash law (Sec. 10-11 of the County Code) that requires dogs to be under the owner’s direct control and on a leash when off their property.
If a dog bites you while running loose in a public park, your neighborhood, or another off-property area, the owner is likely breaking the law. This violation can be used as “negligence per se,” meaning that their negligence is presumed to have been caused by breaking a public safety ordinance. Our firm will thoroughly investigate the circumstances of the attack to determine if a leash law violation provides a clear basis for your claim.
What to Do After a Dog Attack in Kennesaw
The steps you take in the hours and days after a dog bite are crucial for both your health and your legal rights.
- Seek Immediate Medical Attention: Your health is the absolute priority. Dog bites carry a high risk of serious infection, such as rabies or cellulitis. Go to an emergency room or urgent care right away. A doctor’s report will also create a vital record of your injuries.
- Report the Bite: Contact Cobb County Animal Services to file an official report. This is a critical step. It creates a public record of the incident and triggers an investigation into the dog’s vaccination history and any prior incidents of aggression.
- Gather Information (If Possible): Get the dog owner’s name and contact information. If there were any witnesses, get their names and numbers as well.
- Document Everything: Take clear photographs of your injuries as soon as possible and continue to take photos throughout the healing process. Preserve any torn or bloody clothing. Keep a detailed journal about your pain, limitations, and emotional state.
- Do Not Speak with the Insurance Company: The owner’s insurance company may contact you quickly. Do not give a recorded statement, do not sign any documents, and do not accept any blame. Politely decline to speak and tell them your attorney will contact them.
- Contact Our Firm: Call us for a free consultation. We can immediately step in to preserve evidence, handle all communications, and guide you on the best path forward.
Common Injuries in Dog Bite Attacks
While any dog bite is traumatic, the physical damage can range from minor to catastrophic. Unlike what is often portrayed in movies, a dog attack can be a violent event involving crushing force, tearing, and deep punctures. At Williams Elleby Howard & Easter, we understand the severity of these injuries and the extensive medical treatment they often require.
Common dog bite injuries include:
- Puncture Wounds and Lacerations: A dog’s teeth are designed to puncture and tear, not cut cleanly. These deep wounds can cause significant damage to muscles, ligaments, tendons, and nerves below the skin.
- Permanent Scarring and Disfigurement: Attacks on the face, hands, and arms are common and can leave behind permanent, highly visible scars. For many victims, especially children, this disfigurement is a source of lifelong emotional distress and may require costly plastic and reconstructive surgery.
- Serious Infections: A dog’s mouth is full of bacteria. Bites that break the skin have a very high risk of becoming infected. Dangerous infections like cellulitis, sepsis, or tetanus can occur if not treated properly. Rabies is also a concern if the dog’s vaccination status is unknown.
- Nerve Damage: Deep bites can sever or damage nerves, leading to a loss of sensation, function, or chronic pain in the affected area.
- Emotional and Psychological Trauma: The psychological wounds of a dog attack can be just as debilitating as the physical ones. Many victims, particularly children, develop post-traumatic stress disorder (PTSD), a debilitating fear of dogs (cynophobia), anxiety, and depression. Therapy and counseling are often a critical part of recovery.
What Compensation is Available in a Kennesaw Dog Bite Lawsuit?
The purpose of a personal injury lawsuit is to secure the financial resources you need to cover your losses and move forward with your life. Our legal team will meticulously document every aspect of your damages to ensure our demand for compensation is comprehensive and fair.
You may be entitled to recover compensation for:
- Economic Damages: These are the specific, out-of-pocket financial costs you have incurred.
- Medical Bills: This includes the emergency room visit, surgeries, stitches, hospital stays, follow-up appointments with specialists, and the cost of prescription medications.
- Future Medical Care: This is crucial for serious bite cases. It can include the projected costs of future plastic or reconstructive surgery to reduce scarring, as well as ongoing psychological counseling or therapy.
- Lost Wages: We will pursue recovery for any income you lost while you were unable to work during your recovery.
- Non-Economic Damages: These damages compensate you for the significant personal and emotional toll the attack has taken.
- Pain and Suffering: For the physical pain you endured during the attack and throughout your recovery.
- Emotional Distress: This specifically addresses the trauma, fear, and psychological harm caused by the violent attack.
- Permanent Scarring and Disfigurement: Compensation that acknowledges the lifelong social and emotional impact of living with a permanent physical reminder of the attack.
How Williams Elleby Howard & Easter Can Help You
While recovering from a dog bite, the last thing you need is the stress of fighting with an insurance company. That’s our job. When you partner with our firm, you get a dedicated advocate to handle the entire legal process, allowing you to focus on healing. Our team will:
- Provide a Free, Confidential Consultation: We will listen to your story, explain your legal rights under Georgia’s complex dog bite laws, and outline a clear strategy for your case.
- Handle All Communications: We immediately take over all contact with the dog owner’s insurance company. We shield you from their questions and tactics, ensuring you do not say anything that could be used against you.
- Launch a Thorough Investigation: We will gather all necessary evidence, including the animal control report, photos of your injuries, medical records, and any witness statements, to build a powerful case to prove the owner’s liability.
- Manage the Sensitivity of the Claim: We understand the personal relationships that are often at stake. We will professionally and respectfully manage the claim with the insurance company to minimize personal conflict and stress for you.
- Negotiate for a Full and Fair Settlement: We will present a strong, evidence-based demand to the insurer and negotiate aggressively to secure a settlement that fully compensates you for your damages.
- Go to Court if Necessary: If the insurance company refuses to be fair, we will be prepared to file a lawsuit and fight for you before a judge and jury.
Contact Our Compassionate Kennesaw, GA Dog Bite Injury Attorneys Today
You have been through a traumatic experience, and you deserve justice. You should not have to bear the financial and emotional burden of a dog attack on your own. Let the team of Kennesaw injury attorneys at Williams Elleby Howard & Easter provide the legal strength and compassionate guidance you need to navigate this difficult time.
Your consultation is always free, and because we work on a contingency fee basis, you will never pay us an attorney’s fee unless we win your case. Call us today at (404) 389-1035 of complete our online contact form to learn how we can help.
Kennesaw, GA, Dog Bite Lawyer FAQs
This is a common and valid concern. Filing a personal injury claim against the owner’s insurance policy does not determine what happens to the dog. That decision is typically made by Cobb County Animal Services, based on the severity of the attack, the dog’s history, and public safety concerns. Your civil claim for compensation is a separate matter from the county’s actions regarding the animal.
This is a very common situation. It is important to remember that you are filing a claim against their insurance policy, not suing them personally to take their assets. This is precisely why people have homeowner’s or renter’s insurance—to cover accidents and injuries on their property. We handle these sensitive cases with the utmost professionalism and discretion to help preserve your personal relationships.
The statute of limitations for most personal injury cases in Georgia, including dog bites, is two years from the date of the injury. If you fail to file a lawsuit within this two-year period, you will lose your right to seek compensation forever. It is essential to contact an attorney well before this deadline to ensure your rights are protected.
Williams Elleby Howard & Easter – Kennesaw Office
3450 Acworth Due West Road, Ste. 610
Kennesaw, GA 30144
P: (404-389-1035)
