Nearly five million Americans, or 2 percent of the population, are bitten or attacked by dogs each year. Roughly 800,000 of these dog bite and dog attack victims require medical treatment. Between 15-20 of them die from their injuries. Children and senior citizens often are victims.
If you or a loved one is bitten or attacked by a dog, you are entitled to compensation for your injuries, including pain and suffering, emotional distress, disfigurement, impairment, lost wages, medical expenses and funeral costs. In many cases, punitive damages are available.
Georgia dog bite law can be complex. Holding a dog owner or dog keeper liable for your injuries requires investigation, research of local and state laws and firm negotiation with insurance companies who will try to convince you to reach a quick and low settlement.
At Millar & Mixon, LLC, our experienced dog bite attorneys will work hard to protect your rights and interests. We have a successful record of representing dog bite and dog attack victims throughout the Atlanta metropolitan area and the state of Georgia, including Jonesboro, East Point, North Atlanta, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville and Riverdale. Our firm has secured more than $60 million in favorable verdicts and settlement on behalf of our clients.
If you or a family member has been bitten or attacked by a dog, contact our dog bite lawyers today for a free case evaluation by calling (770) 477-6360 or reaching us online.
Proving Liability for Georgia Dog Bite Victims
Under Georgia’s dog bite statute, there are two ways to establish the liability of a dog’s owner or keeper when you have been bitten or attacked.
The first way is called the “one bite” or “first bite” rule. You need to prove three things:
- The dog was dangerous or vicious,
- The owner or keeper knew or reasonably should have known of this dangerous or vicious trait, and
- The owner or keeper either carelessly managed the dog or allowed it to go at liberty.
Disputes often focus on whether the owner or keeper knew of the dog’s viciousness. Most cases hinge on showing the owner or keeper had “constructive knowledge.” You do not need to show the dog actually bit someone previously. However, you do have to show that the owner or keeper knew of at least one prior aggressive act that should have put them on alert that the dog may have a tendency to bite or attack.
If you can show that the dog had displayed aggressive behavior before, such as acting as if the dog might attack someone, and the owner knew this was a problem, you may establish constructive knowledge even if the dog has not previously bitten someone. Aggressive behavior will generally be more than just barking or growling at strangers, but does not necessarily require you to prove that the dog has previously attacked someone.
A dog owner or keeper generally will be found to have carelessly managed a dog or allowed it to go at liberty if they kept the dog tied to tree with a chain that extended into a neighbor’s yard or the sidewalk, left a door or cage open through which the dog could easily escape, allowed it to walk around without a leash or entrusted it to a child without any supervision.
The second way to establish liability for a dog bite or attack is called the “ordinance rule.” This requires proving two elements:
- 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 or keeper either carelessly managed the dog or allowed it to go at liberty.
Under this rule, you do not need to show that the owner or keeper had any constructive or actual knowledge of the dog’s vicious propensity. Instead, you need to merely show that a local “leash law” required the dog to be restrained in some fashion, and the owner broke that law. If a dog escapes from a fenced area or yard, it is likely that you will be able to prove that the fencing was not adequate.
The local law, for instance, could require the animal to be enclosed within a house, building, fence, pen or other enclosure from which the dog could not climb, dig, jump or otherwise escape. It could also require that the dog be placed on a leash or collar and muzzled if on the street or in a public place, such as a park. Some ordinances prohibit chaining or tethering a dog to a tree, post or building while leaving it unattended.
Compensation You Deserve
The experienced dog bite lawyers at Millar & Mixon, LLC can help you recover compensation if you have been bitten, attacked or mauled by a dog. We can investigate the dog’s history, including interviewing witnesses and researching animal control records and citations. We can also evaluate the extent of your injury by consulting with our vast network of experts.
The dog owner’s insurance company will try to get you to settle quickly and for a low dollar amount. Your own health insurer or workers’ compensation carrier may try to take more of your verdict or settlement than they are entitled to receive as reimbursement. However, at Millar & Mixon, LLC, our dog bite attorneys will be at your side, making sure to protect your rights and interests.
We may be able to help you recover money for your medical bills, including past and future surgery, for emotional injury – because being attacked by a vicious dog can be especially traumatic – and for future scarring and nerve damage. We have reached numerous six-figure ($100,000.00 plus) settlements in serious dog bite cases.
Contact Us Today
We represent dog bite and dog attack victims throughout the Atlanta metropolitan area and the state of Georgia, including Jonesboro, East Point, North Atlanta, Sandy Springs, Forest Park, College Park, Decatur, Roswell, Marietta, Peachtree City, Fayetteville and Riverdale. If you or a family member has been bitten or attacked by a dog, contact Millar & Mixon, LLC, today for a free case evaluation by calling 404-994-6419 or reaching us online.
