How to Win Your Dog Bite Claim by Proving Owner Negligence

Key Points:

• If you have been attacked by a dog, you must prove that the owner was negligent to receive compensation.
• The at-fault party’s homeowner’s insurance, renter’s insurance, or even business policy may cover your dog bite injury claim if negligence by their client is proven.
• To establish a dog owner’s liability in a dog bite case, the dog must have a documented history of aggression, or the dog owner must have negligently handled the dog.
• If your case successfully proves negligence, you may be eligible to receive compensation for medical bills, lost income, physical pain and suffering, mental distress, scarring, and disfigurement.

How Dog Bite Legal Claims Are Similar to Other Claims Requiring Proof of Negligence

Being bitten by a dog does not automatically guarantee compensation. To receive compensation for a dog bite, you must prove that the dog owner was negligent in handling their dog and that this negligence directly caused the bite. Proving negligence requires gathering evidence, which can be a challenging task. Without evidence, you have no case. The legal system will not acknowledge a dog attack without evidence, as it not only proves negligence but also verifies that the attack occurred. Therefore, collecting evidence is the cornerstone of proving negligence and securing dog bite compensation.

What Do You Need to Prove to Have a Successful Dog Bite Legal Claim?

Under Georgia law, there are two primary ways to hold a dog owner liable for your injuries. First, you can prove that the dog has a history of aggression. Second, you can demonstrate that the dog owner was negligent in handling the dog. Let’s fully unpack these two concepts for clarification. Successfully proving either one can significantly increase your chances of recovering compensation for a dog bite.

Do You or Your Dog Bite Lawyer Need to Prove that the Dog Has a History of Aggression?

Yes, under Georgia law, specifically O.C.G.A. § 51-2-7, proving that the dog has a history of aggression is crucial for a successful dog bite claim. This law includes what is commonly known as the “One Bite Rule.” While the rule does not literally require proof of a previous bite, it does necessitate demonstrating that the dog owner was aware or should have been aware of the dog’s aggressive tendencies. Essentially, you or your lawyer must show that the owner knew the dog had a propensity for dangerous behavior. This can be established through evidence of prior incidents or complaints, which indicate that the dog had displayed aggression before the attack in question.

Does Animal Control Keep Records of Dog Bites, and How Can These Records Help Prove a History of Aggression?

Yes, animal control agencies do keep records of dog bites, and these records can be crucial in proving a dog’s history of aggression. Accessing prior animal control reports can provide clear evidence that the dog has previously exhibited dangerous behavior, demonstrating that the owner knew or should have known about the dog’s aggressive tendencies. Additionally, statements or testimony from neighbors who have had encounters with the dog can further support your case. Neighbors who have witnessed or experienced the dog’s aggression are often willing to share their stories, which can be valuable in establishing the dog’s history of aggression.

How is Aggression Defined When Establishing a Dog’s History of Aggressive Behavior?

Judges in the Atlanta metro area have determined that behaviors such as lunging at people, aggressively chasing, or threatening individuals, even if the dog is restrained, can be sufficient to establish the dog’s aggressive tendencies. These actions are considered indicative of the dog’s vicious propensity, essentially being viewed as attempted, but unsuccessful, bites. Such behavior is enough to put the dog owner on notice under the law. Consequently, any future bites by the dog would not be protected under the “One Bite Rule,” as the owner was aware of the dog’s potential for aggression.

Is a Previous Bite Necessary to Establish a Case Against the Dog Owner?

A previous bite does establish a bite history or history of aggression, but it is not required to have a successful dog bite legal claim. While previous dog bites are often recorded and can significantly improve your chances of winning compensation, they are not mandatory. As mentioned earlier, it comes down to proving any history of aggression.

What If You Cannot Find or Prove a History of Aggression? Can You Still Pursue a Dog Bite Case?

Not being able to prove a history of aggression does not necessarily mean you don’t have a dog bite case, but it does make the case more challenging. Demonstrating a history of aggression significantly strengthens a dog bite claim. Aggressive behavior at the time of the incident can still support the claim by showing the dog is aggressive and the owner should have exercised more caution. There are other ways to prove negligence on the part of the dog owner, such as demonstrating that the dog was not properly restrained or that a leash law was violated. However, if the dog was leashed, has no history of aggression, and you approached the dog, it can be very difficult to win compensation.

How to Prove the Dog Owner Was Negligent in Handling Their Dog

Even if there is no evidence of previous aggressive behavior from the dog, the owner can still be held liable for injuries caused by negligent handling. If the owner managed the dog carelessly or allowed it to roam free in violation of local leash laws, they can be held responsible.

For example, under Fulton County Ordinance Article VI Division 1, Sec. 34-205, a dog must be fully restrained on a leash when off the owner’s premises. Most cities and towns in Georgia have similar ordinances.

If a dog escapes by digging out or jumping a fence, this too can be considered negligent handling. It is the owner’s responsibility to ensure the dog is confined to their property when not on a leash.

Violating leash laws and allowing the dog to run free can lead to the owner being held liable for any injuries the dog causes, even if the dog had no prior indications of viciousness.

To prove the dog owner’s negligence, we will research local ordinances and public records. We will also gather witness statements and visual evidence. Our attorneys will collect evidence to support your claim and focus on disproving the dog owner’s version of the attack.

How Can You Prove that the Dog Owner Failed to Properly Restrain Their Dog?

To prove a dog owner failed to properly restrain their dog, start by examining local leash laws and ordinances, providing relevant examples. Gather documentation such as photos, videos, and eyewitness testimonies, and use animal control or police reports to support your case. Collect statements from witnesses who saw the dog unrestrained and present them effectively. Investigate prior incidents or complaints about the dog by obtaining records from animal control or neighborhood associations. Document any admissions by the owner about failing to restrain the dog. Check for surveillance footage from nearby homes or businesses showing the dog unrestrained, and explain how to obtain and use this footage. Highlight evidence of inadequate fencing or containment on the owner’s property, such as broken fences or open gates. Lastly, consider expert testimony from animal behaviorists about the necessity of proper restraint and the risks of failing to do so.

Does Provoking a Dog Disqualify a Dog Bite Victim from Pursuing a Case?

Under Georgia law, specifically O.C.G.A. § 51-2-7, the attack must be unprovoked by the victim to successfully win a dog bite claim. Provocation can significantly impact your ability to pursue a case. Obvious behaviors considered provocation include striking or attempting to harm the animal. Additionally, actions such as attempting to pet, play with, or putting your face close to an unknown dog can sometimes be seen as provocation, providing a defense for the dog’s owner. It’s crucial to exercise caution when encountering an unknown or unaccompanied animal in public.

Do You Need to Prove Your Injuries from the Dog Bite?

Proving that the owner was negligent by not exercising caution with an aggressive dog, or by not properly restraining or leashing the dog, is only half the battle in achieving dog bite compensation. It is also necessary to prove the injuries resulting from the dog attack, the costs associated with those injuries, and the impact they will have on the victim’s life. If an aggressive dog bites you but there are no injuries, the owner’s negligence is irrelevant because there are no real damages. Without injuries, there is no basis for a case.

It’s True Dog Bites Almost Always Come With Injuries Because of Scars

One important thing to know about dog bites is that if the skin breaks, there’s an injury, and with an injury, there is often a scar. This is different from car accidents where a person might walk away unscathed because of effective safety features. In a severe dog attack, you are unlikely to escape without injuries due to the broken skin, which typically results in scarring. This can lead to medical expenses and emotional distress for the victim because of the long-term scar. Dog bites inherently come with injuries, and proving these injuries and their associated costs will significantly increase your chances of obtaining compensation.

What is Used as Evidence to Prove the Injuries from a Dog Bite?

Whenever a dog bite victim calls our law firm, we collaborate with them to gather all necessary evidence, including medical documentation, photos, videos, and any other materials that can illustrate the extent of their injuries. This comprehensive approach ensures that we can build a strong case to support their claim and maximize their chances of receiving fair compensation for their suffering and expenses.