Atlanta Dog Bites & Animal Attack Injury Attorney | Apolinsky & Associates

Atlanta Dog Bite & Animal Attack Injury Attorney

An Atlanta Injury Attorney Representing Victims of Dog Bites & Animal Attacks

When individuals experience injurious legal matters like dog bites, there can be severe physical, emotional, and financial consequences. Stephen Apolinsky has a track record of success in helping clients get fair compensation for their cases. Recognized as one of the Top 100 Trial Attorneys in Georgia, and with over 35 years of civil litigation experience, Stephen Apolinsky can provide the legal expertise you need for your dog bite lawsuit.

As a highly regarded legal team with a history of success helping accident and injury victims receive the compensation they deserve, Apolinsky & Associates, LLC, is Atlanta’s premier legal team for matters of dog bite liability.

What is a Dog Bite or Animal Attack Injury Lawsuit?

An estimated 4.5 million people suffer a dog bite or other animal bite or attack in the US every year. About 800,000, or one in five, require medical treatment for their injuries, some requiring surgeries. About half of those victims are children, who are more likely to suffer severe injuries. Most of the children are injured by familiar dogs during everyday activities.

More than 50% of Atlanta households have at least one dog in residence. In 2022, Georgia ranked #10 on the list of top states for dog bites. The average cost for a dog bite claim here is $60,082.

Dogs who don’t bite can also cause injuries by jumping on someone or tripping them, causing them to fall. But dogs aren’t the only animals that can cause harm. Cats, parrots, and other pet birds, ferrets, and livestock can also cause injury to a person visiting someone’s property.

A person who keeps an undomesticated animal as a pet would also be subject to strict liability if it attacked a person. A plaintiff could file a lawsuit without proof that the owner was negligent.

Proving Liability & Causation in Dog Bite Injury Cases in Georgia

Georgia law defines a “potentially dangerous dog” as one that would bite a human without provocation. With this type of animal, owners are required to:

  • Register the dog with the state.
  • Post a clearly visible sign warning that there is a dangerous dog on the property.
  • Maintain liability insurance of at least $15,000 for personal injuries inflicted by the dog or a surety bond of $15,000 or more payable to anyone injured by the dog.

Owners of a “dangerous dog” are also required to keep the animal on the property unless:

  • The dog is secured to a leash not longer than six feet in length.
  • While leashed, the dog must be under the physical control of someone who can prevent the dog from engaging with another animal or a person when needed.
  • The dog must be in a closed kennel.
  • The dog is either training or working as a hunting dog, herding dog, or predator control dog.

Other forms of negligence can include failing to supervise the dog in the presence of children, or knowingly putting an aggressive animal in a situation where it may attack.

Dog owners who are negligent with dangerous animals can be held strictly liable for any damage and injuries they cause. Owners may also face civil fines:

  • Up to one year in prison and $5,000 in fines for a first offense.
  • Up to ten years in prison and $10,000 in fines for a second or successive offense.

These types of injuries fall under Georgia’s premises liability laws, which cover accidents and injuries on someone else’s property. The laws include private homes as well as businesses.

Compensation and Damages Recoverable in Animal Attack / Dog Bite Injury Cases

Dog bites and animal attacks can leave you with injuries that may require expensive and long-term medical treatment such as surgery or physical therapy. Serious injuries could leave you unable to work for a time, or even permanently. Compensation can help cover medical expenses so you can recover from your injuries, such as:

  • Emergency medical treatment.
  • Reconstruction surgery for disfigurement.
  • Physical therapy.
  • Psychiatric care (many dog-bite victims develop a strong fear of dogs after an attack).

In addition to the medical expenses incurred from an animal or dog bite injury, you may also be able to recover:

  • Lost wages.
  • Lost future wages/lost earning capacity.
  • Disability.
  • Pain and suffering.
  • Emotional distress and loss of quality of life.

Georgia allows two years to file a lawsuit, starting from the date of your injuries. After that, you will not be able to recover any compensation, and your lawsuit will be dismissed. That’s why it’s vital to speak with a Georgia dog bite attorney immediately after your accident.

Types of Injuries Suffered in Dog Bite Cases

  • Amputation/Loss of Limb Case Icon
    Amputation/Loss of Limb

    When a catastrophic amputation is caused by a dog bite injury, it may be possible to successfully pursue financial compensation from the responsible party/parties.

    Read More

  • Eye Injuries Case Icon
    Eye Injuries

    Ocular trauma (injuries to the eyes) have the potential to entirely upend your life. If you’ve suffered an eye injury due to a dog bite caused by another’s negligence, you may be entitled to recover compensation from those responsible.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Bone fractures caused by dog bites/attacks can have life-altering consequences, resulting in significant financial and emotional losses. If the injury was the result of another’s negligence, it is essential to obtain legal counsel.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    Dog attacks can result in devastating injuries and even death. If your family has suffered a wrongful death due to a dog bite/attack caused by another’s negligence, then you are entitled to recover compensation for the loss of value of the life of the deceased.

    Read More

Types of Injuries Suffered in Dog Bite Cases

  • Amputation/Loss of Limb Case Icon
    Amputation/Loss of Limb

    When a catastrophic amputation is caused by a dog bite injury, it may be possible to successfully pursue financial compensation from the responsible party/parties.

    Read More

  • Eye Injuries Case Icon
    Eye Injuries

    Ocular trauma (injuries to the eyes) have the potential to entirely upend your life. If you’ve suffered an eye injury due to a dog bite caused by another’s negligence, you may be entitled to recover compensation from those responsible.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Bone fractures caused by dog bites/attacks can have life-altering consequences, resulting in significant financial and emotional losses. If the injury was the result of another’s negligence, it is essential to obtain legal counsel.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    Dog attacks can result in devastating injuries and even death. If your family has suffered a wrongful death due to a dog bite/attack caused by another’s negligence, then you are entitled to recover compensation for the loss of value of the life of the deceased.

    Read More

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Georgia Dog Bite Injury Legal FAQs

Are Dog Bites Dangerous?

As noted by the Cleveland Clinic, a bite from a dog usually involves the animal’s front teeth grabbing and compressing your tissue, sometimes tearing it. The result is a jagged, open wound (or multiple wounds) that often requires medical attention.

The No. 1 risk after a dog bite is infection, given that 50 percent of dog bites introduce harmful bacteria to human victims. Emergency medicine physicians say these infections can be severe, requiring hospitalization and intravenous antibiotics. That is why anyone bitten by a dog needs to see a primary care physician within eight hours of being bitten, regardless of whether they plan to take legal action against the dog’s owner. The longer you wait, the higher the infection risk, particularly if you are immunocompromised or have diabetes.

In some cases, stitches or even surgery could be required if the wound is deep enough.

Another reason to seek prompt medical attention has to do with the preservation of key evidence in a subsequent civil claim. A delay in seeking medical treatment for a dog bite wound could be enough for a defendant to assert your injury wasn’t as serious as you claim or that there was some other intervening cause.

About half of all dog bite victims are children between the ages of 5 and 9. They and the elderly are especially vulnerable to dog bites and more likely to suffer serious injury in these encounters.

What Responsibility do Dog Owners Have to Prevent Bites?

Owners of dogs deemed potentially dangerous may be required to:

  • Register the animal with the state.
  • Ensure the dog is securely restrained both inside and outside.
  • Warn people of potential danger on their property with signs.
  • Maintain dog bite liability insurance.

All dog owners should also abide by local ordinances and leash laws. It’s also a good idea for all dog owners to keep their pets up-to-date on their shots and maintain liability insurance. Most dog bite claims are paid by the owner’s homeowner’s insurance, with liability limits typically somewhere between $100,000 and $300,000.

I Was Bitten By A Dog - What Should I Do?

If you’ve been bitten by a dog, you should follow these steps to ensure your own safety and compensation:

  • Seek immediate medical attention.
  • Report the dog bite to animal services. In Atlanta, this can be done with Fulton County Animal Services. (Even if you have no intention of taking legal action, your report could be critical evidence if the next dog bite victim is not so lucky.)
  • Talk to a lawyer about whether you have grounds to file a claim for financial damages. In many cases, you may not even need to file a lawsuit, simply file a claim with the dog owner’s insurer.

Most dog bite injury victims aren’t compensated for their injuries – but only because most fail to take proper legal action. An experienced dog bite attorney in Atlanta can help you weigh your legal options and determine how best to proceed.

Can I Recover Financial Damages For My Dog Bite Injury?

In general, O.C.G.A. 51-2-7, Georgia’s “dog bite law,” is a bit friendlier to dog owners than victims, compared to other states. Still, it does allow victims of dog bites and attacks to recover financial damages from those who are negligent in controlling their animal. This is true when the owner/keeper of a dog is aware of a dog’s vicious nature but doesn’t properly control the animal, as well as when he/she is negligent in allowing the dog to escape their property/control.

If there is evidence that the owner of the dog was aware (or should have been aware) that the dog was dangerous (aggressive and a bite risk) and didn’t use reasonable care in handling/controlling it, they can be held legally responsible for the resulting injuries. Sometimes people refer to this as the “one-bite rule,” but that’s a bit of a misnomer. As our Atlanta dog bite injury lawyers can explain, one need not necessarily prove the dog previously bit someone. What they do need to show is that the owner had actual or constructive knowledge of the dog’s tendency to cause injuries such as the one that occurred. (Note: The breed of the dog alone is not sufficient evidence of its tendency to be aggressive.)

In 2017, the Georgia Supreme Court issued a precedent-setting ruling in favor of a dog bite victim that made it easier to establish a dog’s viciousness. In Steagald v. Eason, the state high court held that if a dog had previously snapped at someone – but didn’t actually bite them – that could be enough to prove the owner knew they had a vicious animal on their hands. Essentially, it means Georgia dog bite victims don’t need to show there was a prior, obvious bite, recognizing that a “snap” is nothing more than a bite that missed its target.

We might also be able to establish liability for a dog bite or attack if he or she was in violation of local leash laws or muzzle ordinances. The City of Atlanta, for example, requires all dogs to be on a leash while in parks, trails, and public spaces. If a dog owner carelessly disregards this rule and the dog bites someone, the owner may be held liable.

Provocation as a defense is determined on a case-by-case basis.

What Is The Georgia Statute Of Limitations For Dog & Animal Attack Lawsuits?

Essentially, the statute of limitations refers to the amount of time you have from when the dog or animal attack occurs until you can no longer file a lawsuit. Your dog or animal attack personal injury case does not have to conclude by the end of the statute, it just has to be filed before.

According to GA Code § 9-3-33, the statute of limitations holds that injured parties in Georgia have only two years to bring personal injury claims forward. After two years, the courts will dismiss your claim.

In many cases of dog & animal attack injuries, insurance companies will get involved. It is important to remember that oftentimes, insurance companies will engage in stalling techniques to run out the clock and avoid paying you anything.

There are a number of complex factors that go into the statute of limitations in any individual case, so if you want to pursue a civil claim, you are advised to contact a personal injury lawyer experienced in dog & animal injury cases to build your case.