Being injured by a dog bite can be pretty devastating. Depending on the type of dog attacks you were under, you could be facing bruises, broken bones, and the possibility of cosmetic surgery to fix the issue. Each state handles these dog bites in a different manner so understanding what the Georgia dog bite laws are like can help you when you are ready to file a dog bite lawsuit in Atlanta, GA.
Choosing Your Theory for Your Georgia Dog Bite Lawsuit
When it comes to filing a dog bite lawsuit in Atlanta, GA, there are several nuances. The chances that you and your attorney have of winning a settlement or judgment that goes in your favor after a dog attacks will depend on which theory of liability that you use; either negligence or strict liability.
Strict liability can provide you with a judgment without having to find whether the other person was at fault. The negligence theory will require that you as the injured party show how the owner of the dog was not careful enough and because of that lack, you were harmed. Talking to an attorney about which theory to use can ensure that you have a successful dog bite lawsuit in Atlanta, GA.
Strict Liability Can Help
According to Georgia dog bite laws, the dog owners are going to be strictly liable for the bites their dogs inflict in only two cases. In the first, the dog needs to be shown to be a dangerous or vicious animal. In these cases, if the owner was legally required to keep the dog on a leash, but they didn’t and someone got hurt, the owner would be strictly liable. If this doesn’t sound like something that fits your case after a dog attacks, going for negligence can help.
The Idea of Vicious Animal Theory in Atlanta, GA
You and your attorney may decide to go with a dog bite lawsuit in Atlanta, GA if you believe the dog is dangerous or vicious. Georgia allows the cities and counties to regulate animal behavior and determine whether a dog fits into this category. But most of them will state that a dog that is dangerous is one that has either:
- Caused injuries that are severe to someone who didn’t provoke them or
- Acted in an aggressive manner to humans after they were classified in the past as being potentially dangerous.
With this case, you and your attorney must also show that when the attack happened, the dog was carelessly managed or at liberty. The Georgia dog bite laws have rules that relate to how an owner must work to protect the public from their dog such as properly controlling the dog, even on a leash or that they must be confined by an enclosure or a fence if they are seen as dangerous or potentially dangerous. If none of these happen, then you could have a case after being attacked.
The Leash Theory in Georgia Dog Bite Laws
In Atlanta, the rules are taken a bit further. The Municipal Code will not allow owners to let their dogs run at large. Dogs that are out with their owners need to be restrained by a leash that is no longer than six feet and they need to be under the control of someone who is competent, so small children without assistance from the parents should not be walking the dog. If someone violates the leash law, and that dog attacks someone, then they will be liable if there is a dog bite lawsuit in Atlanta, GA.
When Do You Need an Atlanta Personal Injury Lawyer?
If you have been attacked by a dog and bitten, it is a good idea to hire an attorney to help with your dog bite lawsuit in Atlanta, GA. They will be able to take a look at the case for you and can determine whether you want to use negligence or strict liability, whether the owner was following all local laws, and if the dog was previously listed as dangerous or potentially dangerous. Having an attorney will make your lawsuit much easier to handle and can help you get compensation after a dog attacks.
After being a victim of a dog attack, you may be curious about whether you can receive compensation for the injuries that you received. Hiring a dog bite attorney can help make things easier. Make sure to contact our professionals at Ted A. Greve and Associates to help you get started with your dog bite lawsuit in Atlanta, GA today.