Dog Bites in Georgia – Not Dawg Bites
On October 3, 2015, the Georgia Bulldogs were embarrassed by the Alabama Crimson Tide in a humiliating 38-10 defeat between the hedges in Athens. Time will heal the wounds of UGA loss, but those who are attacked by dogs are not always so fortunate.
We often hear news reports of dogs attacking children:
https://www.cbs46.com/story/28723023/dog-attacks-child-at-atlanta-park
https://www.cbs46.com/story/22066382/toddler-dies-after-pit-bull-attack
https://www.ajc.com/news/news/police-boy-14-attacked-by-three-pit-bulls-in-clayt/nhQxx/
But children are not the only victims:
https://blog.dogsbite.org/2015/04/2015-dog-bite-fatality-georgia-woman-killed-by-dogs.html
https://onlineathens.com/stories/081809/new_482836253.shtml#.VhPpM5iFPIU
https://www.wtvm.com/story/29471636/report-elderly-woman-hospitalized-after-anderson-dog-attack
If you or a loved one are attacked by a dog in Georgia, you need to know your rights. If you are the owner of a dog who has shown vicious propensities, you need to know your responsibilities.
In Georgia, absent a local leash law, the owner of a dog is not under a duty to confine it until the owner becomes aware of the dog’s vicious or dangerous propensities. Once the owner of a dog knows about the dog’s dangerous propensities, the owner must take steps to restrain and prevent the dog from going at liberty.
Dog bite victims must prove three things to recover in a civil claim: (1) the dog had vicious or dangerous propensities of which the owner was aware, (2) careless management of the dog, and (3) injuries caused by the dog. The first element is the hardest to prove.
Obviously, prior incidents of the dog biting or attempting to attack other people are sufficient to prove vicious propensities as long as the owner was aware of the previous incident(s). It may also be enough to show that the owner knew that his dog had previously bitten other dogs.
Perhaps the easiest way to address the requirement that the dog owner knew of the dog’s vicious propensities is to show that the dog was required to be at heel or on a leash by a city or county ordinance. In these situations, proof of a valid “leash-law” and that the dog’s owner was not in compliance with the ordinance at the time of the attack is all that is necessary to address the “knowledge of vicious or dangerous propensity” element.
Those who undertake to restrain dogs may also be liable for attacks if they do so in a negligent manner. Examples include (i) walking a dog on a leash when the person walking the dog is not physically capable of controlling the dog or (ii) placing the dog in a fenced in area with an open gate or holes in the fence.
Don’t get me wrong, I love dogs. Always have and always will. Most are wonderful companions and enhance the quality of responsible owners’ lives. However, dog ownership carries with it the responsibility of making sure that the dog is managed properly. If you fail to properly restrain a dog when you are required to do so by a local ordinance or when you know that your dog has dangerous propensities, you may be liable for the damages if your dog attacks.
If you or a loved one have been attacked or bitten by a dog, call Williams Elleby Howard & Easter today. In many incidents, you can file a claim with the dog owner’s homeowner’s insurance company and receive compensation for your injuries.
