There are two types of dog bite states. Those are strict liability states where an owner is liable for injuries suffered by a person under just abo ut any circumstances, and negligence states where in order to obtain a verdict in his or her favor, the victim must show that the owner or keeper of the dog was careless and negligent. Dog bite law in Georgia is based on negligence. Georgia even has its own statute covering the issue that can be found at OCGA Sect.51-2-7. As per the statute, the negligent owner of a dog who permits that dog to be at liberty and at large can be held liable for unprovoked dames to another person. A vicious propensity of the dog to cause harm to a person might be proved by:
- The dog being required to be at heel.
- On a leash pursuant to a municipal ordinance.
- At the time of the attack, the dog was neither at heel nor on a leash.
Elements of a Dog Bite Claim in Gainesville, GA
For purposes of prevailing on a clam or lawsuit in Gainesville, GA, the claimant must prevail on each one of the following propositions:
- The Dog Had a History of Aggressive Behavior Around Humans: Past incidents of aggressive behavior or biting. As dogs must be on a leash or at heel in Georgia, this element is met prima facie if the dog wasn’t leashed or at heel. This element may also be fulfilled by records of any attacks by the dog that are maintained by animal control officers or even past bite victims.
- Careless and Negligent Management: Permitting a dog to be off of a leash or not at heel constitutes careless and negligent of the canine. Of course, witness testimony of the subject dog frequently being at large may also be sufficient to prove careless and negligent management.
- Needlessly Attacking: Some people keep dogs around them for protection, but when a dog needlessly attacks somebody with an unprovoked attack, the victim’s own comparative negligence likely won’t even apply in a Gainesville dog attack. An unprovoked attack is tantamount to strict liability.
- Injuries and Damages: As with other dog bite claims and lawsuits, the victim must prove that he or she was injured and damaged. This can be done through a bite or bites, scratches or even a fracture or nasty sprain from being knocked down. Medical testimony relative to the injuries suffered is likely required.
When to File a Lawsuit
If a dog attack claim is not filed within two years of the date of the occurrence, a victim may well be forbidden from forever filing in the future. That two-year period is known as the statute of limitations in Georgia. Some exception apply, so speak with a qualified Georgia dog bite lawyer to determine whether you fit into one of those exceptions.
Compensation in a Gainessville, GA Dog Attack
A successful Gainesville dog attack case contemplates the following damages that a victim might be eligible for:
- Past and future medical bills.
- Lost time from work.
- Any permanent disfigurement.
- Any permanent disa
- Pain and and suffering.
After suffering injuries and damages from an unprovoked dog attack anywhere in or around Gainesville, GA, speak with an attorney.
The highest rated personal injury attorney in Gainesville Georgia is Weaver Law Firm Injury Attorneys.