dog attack

Dog Bites in Georgia: What You Should Know

January 14, 2022 | Benjamin S. Persons, IV

In 2020, mostly due to coronavirus restrictions, the number of dog bite claims fell slightly. However, the average settlement per claim hit an all-time high. Medical bill inflation, which has increased significantly since 2008, is partly responsible for this increase. Furthermore, doctors better understand the nature of dog bite physical and emotional injuries. More on that below.

Animal attack laws vary significantly in different jurisdictions. Georgia’s dog bite law is especially complex. Essentially, lawmakers have tried to balance the interests of pet owners, who usually want limited liability laws, and victims, who need protective laws. Typically, if you stay in the middle of the road, you get run over.

So, only a highly-experienced Marietta personal injury attorney should handle these claims. A less-experienced attorney might not be able to obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

What to Do After You Have Been Bitten by a Dog

September 17, 2021 | Benjamin S. Persons, IV

Being bitten or attacked by a dog can be a traumatic experience. The following article will provide some helpful information regarding what steps to take after being bitten by a dog and will also provide some additional steps to take if you decide to file a personal injury lawsuit against the dog’s owner.

Steps to Take After Being Bitten by a Dog

If you get bitten by a dog, you should immediately take the following steps regarding wounds you have sustained:

Dogs are a Beloved Part of Many American Homes

February 12, 2021 | Benjamin S. Persons, IV

There are more than 78 million dogs living in American households as pets. These dogs often are considered by their owners to be a part of the family and are treated accordingly. For the most part they receive loving attention and respond with loyalty to their owners, providing welcome companionship. The vast majority never show any significant aggression to anyone.

That is not always the case, however. Every year 4.7 million people are bitten by dogs, and about 800,000 of those bites require medical treatment. In 2019, there were 59 deaths as a result of dog bites. In 2019, there were two deaths in Georgia from dog bites, while in 2020, there were three dog bite fatalities in Georgia. None were in the Marietta area, although one was in Gwinnett County.

Fatalities are Rare, but Dog Bites are Costly

Georgia Supreme Court Rules County Employees Immune from Suit in Fatal Dog Attack Case

February 28, 2019 | Benjamin S. Persons, IV

Personal injury claims against Georgia state officials are subject to a special set of constitutional and statutory rules. According to the Georgia Constitution, the General Assembly “may waive the state’s sovereign immunity” by law in cases in which an individual employee negligently injures someone. But “except as specifically provided” by such a waiver, the Constitution says, no public employee can be held liable for “the performance or nonperformance of their official functions.”

What does this mean, practically speaking? Basically, you can not sue an employee for exercising his or her own discretion in the performance of a job. You can, however, sue an employee who fails to carry out a legally mandated (or “ministerial”) task.

Wyno v. Lowndes County

Georgia Supreme Court Reinstates Lawsuit Over Pitbull Attack

March 10, 2017 | Benjamin S. Persons, IV

When is a dog owner legally responsible for an attack that injures someone else? Georgia law states that anyone who “keeps a vicious or dangerous animal” is liable for “careless management” of said animal. The question then becomes, how do you know when a dog is vicious or dangerous?

Steagald v. Eason

In 2015, the Georgia Court of Appeals dismissed a personal injury lawsuit brought by the victim of a pitbull attack. The court said there was no evidence that the defendants, the pitbull’s owner, had specific knowledge their dog might commit an “unprovoked attack on a stranger coming into the yard.” The court brushed off evidence of the pitbull’s “snapping” and other prior aggressive behaviors as “not unusual” for a dog.