Dogs are culturally known to be “a man’s best friend”. They are the symbol of companionship, happiness and for some people, cuteness. You may see one of these furry animals during your stroll and feel compelled to pet and play with them. As fun as they can be, not all dogs are welcoming; some tend to be aggressive towards strangers, leading to dog bites. 

Dog bites are, sadly, more common than you would think. According to State Farm, in 2020, Georgia was ranked #7 in states with most dog-related insurance claims. 129 claims were filed in the Peach State, where insurance companies paid around $5.2 million in settlements.  

Therefore, since Georgia was ranked as one of the top states with dog-related insurance claims reported; with this blog article, we decided to instruct you on what should you do after a dog bite and educate you on the legal actions you can take to be compensated for your injuries.

 

Immediate steps you should take after a dog bite

Dog bites are considered to be classified as premises liability cases. Most of these incidents usually occur when a pedestrian is passing by or on a property, minding their own business, when suddenly a dog comes out of nowhere and bites them. Therefore, it is of the utmost importance to know what to do after being bitten by a dog in these scenarios.

After a dog bite incident, like in any other premises liability injury, the immediate steps you should take are:

• Alerting the authorities: not only should you call the police to file a report and paramedics to check up on your injuries (if necessary), but you will need to notify animal control. They can help you with determining the dog’s breed, who is the owner, see if the dog has rabies, and checking records to find out if the dog has a history of attacking people.
• Getting the dog owner’s name, phone number, and liability insurance.
• In case there were witnesses that saw the incident, you should also get their names and contact information to back up your claim.
• Take pictures of your injuries, the dog, and the area where the incident occurred to see if there was an open gate or door, a hole in the fence, or a loose chain from which the animal was able to free itself.
• Keeping your clothing: any shirt, pants, or other items that were torn or have blood on them caused by the dog bite. These pieces of evidence can further back up your claim and give a clear analysis of the extent of your injuries.
• In the event you need to go to the hospital to check up on your injuries, please keep records of the hospital visits and medical costs.

 

What are some Georgia state laws concerning dog bites?

Whenever a dog bite happens, the victim has the right to take legal action against the dog’s owner. They can file a claim to receive compensation for their damages, and depending on the severity of the incident, even criminal charges can be charged against the owner.

Georgia has strict liability dog-bite laws in place. According to Georgia Code Ann. § 51-2-7, if the victim can prove that the owner was negligent in keeping others safe from their dog or if there was a violation of an ordinance (such as leash law or leaving gates open), the owner is considered to be liable.

In fact, Georgia’s Responsible Dog Ownership Law also determines that a dangerous dog is one that attacks and causes severe injuries to humans without provocation. However, we must clarify that dogs that work with law enforcement do not apply to this definition.

In compliance with this law, in the event of a dog bite, you must prove:

• The dog is considered dangerous and had a history of previously biting people.
• There was negligence on behalf of the dog owner, letting their pet roam freely without supervision.

However, there are exceptions where you can miss out on compensation. Certain scenarios that absolve the dog owner from being responsible are: 

• If the victim was trespassing property and the dog bit them in self-defense.
• Or if the victim provoked the animal to bite them.

Since Georgia is also a “comparative at-fault” state, a court must also determine how much the victim was to blame for the dog bite. In order to be compensated, the plaintiff must show that the dog’s owner had at least 51% of the liability for not protecting others from their dogs. Therefore, when it comes to dog bites, a personal injury attorney will fight the case in court and make sure the victim is compensated.

 

What compensations can be pursued in a dog bite case?

When it comes to compensations for damages caused by dog bites, it’s usually the dog owner’s insurance (such as their home, business, or personal insurance) that reaches a settlement with victims. In fact, owners, whose dogs are considered to be “dangerous”, are required by Georgia state law to have a minimum of $50,000 in liability insurance.

That being said, the compensation that you’re eligible to fight for in a dog bite injury case are:

• Medical expenses
• Punitive damages
• Lost pay (wages) and earnings
• Physical therapy
• Reconstruction surgery
• Physical pain and emotional suffering
• Funeral and burial expenses for your loved ones in case it was a fatal dog bite.
• Restitution of property damage such as: clothes, electronic devices, etc.

However, we recommend that you don’t deal with insurance companies on your own to reach a settlement for your injuries, since this process is quite exhausting to take alone. This is why you should have a team of attorneys on your side, fighting for your compensation. Here at The Nick Schnyder Law Firm, with our experience in dog bite cases, we will help you win.

Don’t let dog bite injuries knock you out. Contact us today to receive a free consultation of your case. Remember, we are here to fight for your compensation and give you the peace of mind you deserve.[/vc_column_text][/vc_column][/vc_row]