Atlanta Dog Bite & Animal Attack Injury Attorney

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.

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.

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.

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.

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.