Embraced And Celebrated By Gwinnett’s Local Community
Were you injured in Lawrenceville, GA or its surroundings? Our lawyers can help you recover from your losses. We have decades of combined experience handling local personal injury cases.
Having a local Dog Bite Lawyer with experience with and knowledge of the actual value of your case is vital to ensuring you receive the most compensation possible for your injuries.
Our award-winning personal injury lawyers know the best way to go up against insurance companies because we used to work with them and use that experience to help you win.
Voted Among the Best Personal Injury Firms in Gwinnett County 6 Years in a Row by Gwinnett Magazine
Many states in the U.S. follow a one-bite rule when it comes to dog bites. While the Peach State does not technically follow this ruling, it does have similar legal parameters. So, let’s review your rights if you believe you have a dog bite claim in Loganville.
Originating in common law, the one-bite rule is often used in dog attack lawsuits. It states that a dog owner is liable for damages if their dog bites a victim, and the owner should’ve known or known of the dog’s aggressive tendencies. However, a dog is not considered ill-tempered unless it’s already bitten another person before the current incident.
Once the dog attacks again, the owner is held completely responsible for the damages. By speaking to a dog bite attorney from Spaulding Injury Law, you can find out how to prove negligence so you can receive full compensation for your claim.
Georgia’s Modified One-Bite Rule
Under Georgia law, a dog can also be considered dangerous, and the owner is held liable if they were careless about managing their dog. If they did not keep the dog leashed or the attack was unprovoked, you can file a lawsuit.
The modifications to the one-bite rule give the plaintiff more options when it comes to showing that a dog is dangerous. Therefore, you may be able to prove the dog was dangerous in another way if it did not previously bite someone. However, it’s still easier to prove your case if the dog has already attacked someone in the past.
Proving Your Dog Bite Claim
If the dog did not previously bite someone, you can prove your case by showing you informed the owner, before the attack, that the dog seemed overtly aggressive. These actions may include:
- Charging at animals or people
- Pronounced snarling or growling
- Aggressive barking and the showing of its teeth
- Attempting to get away from its yard to attack a passerby
Remember, just because a dog has not already bitten someone doesn’t mean the owner is not aware of the dog’s dangerous behaviors.
How a Dog Bite Lawyer in Loganville Can Support Your Claim
You should contact a dog bite lawyer if you are injured from a dog attack. A lawyer can help you file a successful claim by doing the following:
- Investigate and determine the responsible party (either the owner of the dog or the handler responsible for keeping the dog under control)
- Establish the exact nature of the dog bite injuries.
- Gather the required evidence for a strong, irrefutable case.
- Calculate a reasonable reward for your damages.
- Negotiate a payout or act as your representative at trial if required.
Your lawyer will file your lawsuit within the state’s statute of limitations or two years from the date of the attack. You’ll need to discuss your case immediately if you want to avoid missing the deadline. Otherwise, you won’t receive compensation or be able to make a claim.
Exceptions in Dog Bite Claims
The owner does not pay if it is proven that:
- You were trespassing on the owner’s property and were not supposed to be there.
- You were provoking or tormenting the dog.
- The dog was defending its owner or home.
Delivering to or Working on a Property and Getting Bit
If you’re attacked or bitten by a dog when you’re delivering packages or performing a service call as a meter reader, landscaper, plumber, HVAC repair person, or electrician, you may be able to file a claim under workers’ compensation.
If you can show that the owner failed to confine or control their dog, you may have a case you can file against the owner.
If the owner of the dog also owns their home, their homeowner’s policy may be used to pay for damages.
Common Defenses Used in Dog Bite Cases
Naturally, when you’re building a dog bite case, the owner may make some defenses you’ll need to counter. These defenses are enumerated as follows:
The dog has never bitten anyone.
How many times have you heard this defense? Just because a dog hasn’t bitten in the past doesn’t mean it gets a free pass in Georgia. If you can show the dog was aggressive or the owner did not properly control the animal, you can prove your case.
The dog was provoked.
Unless you, as the victim, teased or abused the animal before it bit, you can show you deserve compensation. Merely walking by the dog or petting it does not count. Neither does startling a dog mean that you provoked it.
The owner was unaware the dog could be aggressive.
Ignorance is no excuse for the law. However, in most cases, a dog will exhibit warning signs before they bite. These signs may come in the form of growling, barking, baring their teeth, or snarling. Failure to predict a bite is not a sound defense. If a dog is reactive, it can also develop aggressive tendencies.
The dog got out of the yard by accident.
Some owners blame a dog attack on faulty fencing or a gate they left open by mistake. However, a dog owner in Georgia is strictly liable if their dog is running at large. While an accident may happen after a dog gets loose, it is still the responsibility of the owner that the dog remains securely confined.
Seeking Compensation for Your Injuries
You’ll need to prove the owner was negligent. This means showing the owner of the dog failed to exercise reasonable care to prevent the attack.
Did the dog have a history of aggression? Had it bitten before? Was it properly contained or on a leash? If the owner knew the dog might bite but didn’t take precautions, they are typically liable for negligence.
Gathering the Evidence
To further support your claim, you’ll also need to do the following:
Get statements from witnesses and contact details, and take photos of your injuries. Have your friends, family, and bystanders provide written accounts of what happened. Get contact info from the owner and any information from a vet or groomer who has dealt with the dog. These statements, along with photos of your injuries, will bolster your case.
See a doctor immediately and keep records. Get checked out by a physician immediately after the attack. Keep records of all diagnoses, test results, medications, procedures, and follow-up visits. Both bills and treatment notes will help determine how much compensation you can receive.
Contact a dog bite attorney. An attorney can advise you on the merits of your case, help collect evidence, and determine appropriate compensation. They’ll send a demand letter to the owner seeking payment for medical bills, lost work, pain and suffering, and any permanent injuries. If the owner refuses to pay, your lawyer can file a lawsuit on your behalf.
Contact a Dog Bite Attorney in Loganville to Get Started
Going to court is usually a last resort. Most dog bite cases settle out of court and are negotiated through the owner’s insurance company. However, if needed, your attorney will represent you at trial to prove negligence and to get you money for damages.
In Georgia, there is no cap for compensation for dog bite claims. Therefore, you can receive a fair and equitable settlement. So, what are you waiting for? Contact Spaulding Injury Law now so you can begin filing and/or negotiating a claim.
Visit Our Dog Bite Office in Loganville
We help victims inside the Gwinnett County Area and our firm is conveniently located near Loganville. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA