- My daughter was attacked by a neighbor’s Doberman Pinscher at a pool party last week. We didn’t know what to do. How should we have handled the situation?
- A Rottweiler on our street always barked at me and walked toward me, baring its teeth. There was something alarming in his eyes and tail. I told the owner I thought it was going to attack me. Sure enough, last week, it charged me and bit my leg. Can I sue the dog’s owner?
- Even though our city has a leash law, I was attacked in the park by a German Shepherd that wasn’t leashed or even collared. The owner said the dog had never bitten anyone before. Does that keep me from filing a lawsuit against the owner?
- My son chased down a baseball in our neighbor’s yard and was severely mauled by a Bull Mastiff that had been chained to a tree and broke free. The owner claims the dog is friendly and that my son must have provoked the attack. What should we do?
- My friend keeps a vicious and aggressive American Pit Bull in a pen but always leaves the door open, even though the dog has attacked people in the past. Yesterday, the dog ran out of the pen and bit my wife. She was horrified by the incident and will need major surgery. What damages can we recover?
- A local day care supervisor let her pit bull wander in the yard around children, without a leash or muzzle. Tragically, the dog attacked and killed a child. I think this day care should be severely punished so it can send a message to other day care operators. Is that possible?
- My grandmother settled a claim against a neighbor whose bulldog bit her leg. Her health insurer wants reimbursement for the treatment it covered. What should she do?
- I’m a cable repairman who settled a claim against a dog owner whose Rottweiler attacked me. My workers’ comp carrier wants reimbursement for the medical and lost wage benefits they gave me. I think they want too much. What should I do?
- We were at an antiques store where the owner allows her cats to wander around. I bent down to check an item near one cat, and it scratched my eye so bad that I needed surgery. Can we sue the owner?
- We want to sue the owner of a Bull Mastiff that mauled my husband in our yard, but we’re not sure we can afford an attorney. What should we do?
If you are attacked or bitten by a dog, the first step is to seek emergency room treatment. You may need stitches or a tetanus shot right away. Get the name, address and phone number of the dog’s owner and any information you can about the dog. You should also immediately report the attack to animal control, which will test the dog for rabies and possibly issue a citation against the owner, which could be useful in litigation. If possible, take pictures of your injuries as well and keep the torn or bloodied clothing you wore. The dog owner’s insurance company may try to reach a quick settlement with you. However, don’t speak to any insurance adjuster until you’ve consulted an experienced dog bite attorney.
Under Georgia’s dog bite statue, the owner can be held liable if he knew or reasonably should have known of the dog’s vicious propensity and either carelessly managedthe dog or allowed it to go at liberty. If the owner knew of at least one prioract of aggressiveness that should have put him on alert that the dog had atendency to bite or attack, he could be liable. In most cases, this is shown through “constructive knowledge.” In this case, it would seem that the owner had actual knowledge that the dog was dangerous and did nothing about it, allowing the dog to enter the street without a leash or other restraint, so you may have a good case.
Under Georgia’s dog bite statute, you don’t need to necessarily show that the dog’s owner knew the dog had a vicious propensity. Under the law, if the dog was not at heel, on a leash or (if appropriate) muzzled as required by a local city or county ordinance, and the owner either carelessly managed the dog or allowed it to go at liberty, the owner can be held liable. In this case, it would appear that the owner could be liable for violating the local leash law and allowing the dog to roam free in a public park. You should consult an attorney right away to protect your rights torecovery.
Under Georgia’s dog bite statute, you don’t need to necessarily show that the dog’s owner knew the dog had a vicious propensity. Under the law, if the dog was not at heel, on a leash or (if appropriate) muzzled as required by a local city orcounty ordinance, and the owner either carelessly managed the dog or allowed it to go at liberty, the owner can be held liable. These ordinances vary from city to city and county to county. Some ordinances prohibit a dog owner from chaining or tethering a dog to a tree, post or building while leaving it unattended.
Often, the dog’s owner will claim the bite or attack was provoked. Under Georgia’s system of comparative fault, if a dog bite victim was responsible to some degree for the injury, a court will determine the percentage of the person’s fault and reduce their recovery proportionally. If it’s some how determined that a person’s fault exceeds thatof the dog owner, or the person could have avoided the consequences, recoveryis barred.
If liability is established in your case, you may be eligible to recover three types of damages: special, general and punitive damages. Special damages cover mainly economic losses, such as past and future medical expenses, funeral costs, and lost past and future wages. General damages are non-economic losses, such as pain andsuffering, emotional distress, disfigurement or the loss of society and companionship. Punitive damages are also frequently awarded in dog bite cases. They are intended to punish a defendant for especially reckless conduct and to deter the defendant and others from engaging in similar conduct.
At Millar& Mixon, LLC, we know that dogattacks can be physically and mentally traumatic events. You may needimmediate medical treatment, such as stitches and tetanus shots. You mayeventually need reconstructive surgery, rabies shots and extensive physicalrehabilitation. You will likely be out of work for a long period of time. We will research medical records and evaluate your case with our experts to determine the full extent of your injuries and the amount of compensation you need and deserve.
In the state of Georgia, punitive damages areawarded to punish and deter “willful misconduct, wantonness and entire want of care.” These damages are warranted in cases where the at-fault party engaged inparticularly egregious conduct, which would appear to be the case here. Pitbulls are notoriously vicious and aggressive animals and cause more mauling deaths than any other breed in the U.S. If this specific dog had a history of vicious behavior, which could be determined by interviewing witnesses and researching animal control records, then it is likely the dog’s owner would be on the hook for punitive damages. In Georgia, the amount of punitive damages would likelybe capped at $250,000.
While a verdict or settlement is pending, it’s common that a person’s medical treatment will be covered by a health insurer.When the amount of the victim’s recovery is determined, the insurer will seek reimbursement. However, the insurer can seek only funds that went toward medical expenses and not for non-economic losses, such as pain and suffering, emotional distress and loss of services or care, comfort and companionship.
If you were attacked while working and could not work as a result of the accident, it’s expected that you would need medical and wage benefits from your company’s workers’ compensation carrier. It’s also expected that the carrier will seek reimbursement of the funds it has provided by taking a cut of your verdict or settlement.
However, the law limits what a workers’ comp carrier can claim. For instance, the carrier cannot touch recovery funds that go toward your pain and suffering, emotional distress and loss of services or care,comfort and companionship.
We commonly referred to Georgia’s “dog bite law.”However, the language of the statute covers all animals, including dogs, cats,birds and any other type of pet. If you can show the cat owner here knew or reasonably should have known of the cat’s vicious propensity and either carelessly managed the cat or allowed it to go at liberty, then you may seek recovery.
At Millar & Mixon, LLC, we do not charge for your initial case evaluation or for our legal services unless we are able to secure a recovery for you through either a jury verdict or a negotiated settlement. This is known as a contingency fee arrangement. With our unique combination of skill, experience and dedication, we are proud to say that we have established a strong record ofsuccessful results for our clients, including $60 million in favorable verdicts and settlements since our firm was established.
