dog bites

Legal Options in Dog Bite Cases

January 13, 2023 | Benjamin S. Persons, IV

Every year, dogs bite an estimated 4.5 million Americans. Most of these victims are children. Because they have such small brains and bodies, these victims usually sustain permanent emotional and physical injuries. The lifelong costs associated with these injuries are extremely high. Fortunately, most homeowners insurance policies have high coverage limits, which means substantial compensation is usually available.

A Marietta personal injury attorney works to ensure that these victims get the compensation they need and deserve. Victims need this compensation to pay medical bills and other accident-related costs. They deserve this compensation because, in most cases, that’s the only way that a young dog bite victim can possibly live the rest of their life with some sense of normalcy.

Georgia’s Dog Bite Statute

Obtaining Compensation for Dog Bite Injuries in Georgia

February 11, 2022 | Benjamin S. Persons, IV

The number of animal attacks has increased significantly over the years. Today, dogs bite millions of Americans every year. A significant number of these attacks cause serious injuries. Some of these serious injuries are outlined below. Much like the number of attacks, the medical bills associated with these bites have increased, as well. That is partly due to high medical bill inflation and mostly due to a better understanding of dog bite injuries.

These victims can work with a Marietta personal injury attorney and obtain the compensation they need and deserve in these situations. Dog bite victims have several options in Georgia, and each option has some pros and cons. However, a number of insurance company defenses are available as well. Common ones include provocation, which is a form of comparative fault, and assumption of the risk, which usually involves a “Beware of Dog” warning sign. So, only the most aggressive and experienced lawyers should handle these cases.

Direct Physical Injuries

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:

Proving Fault in Georgia Dog Bite Cases

August 20, 2021 | Benjamin S. Persons, IV

If you were recently injured by a dog in the state of Georgia and you plan to file a personal injury lawsuit against the owner, you should first make sure that you are aware of some potential defenses that the owner may choose to bring up in court.

Georgia’s Dog Bite Liability Statute

Georgia statute O.C.G.A. § 51-2-7 outlines the state’s law on dog bite liability. This statute is based on the concept of strict liability. Strict liability holds a defendant liable for committing specific actions, regardless of what his intent or mental state was when he committed the action. This statute holds that a dog owner is not strictly liable for injuries his dog causes unless:

Understanding Georgia Law on Dog Bites

May 7, 2021 | Benjamin S. Persons, IV

If you or someone you know has ever been bitten by a dog, you know that it can be a scary and traumatic experience. It is understandable and foreseeable that a person bitten or attacked by a dog would attempt to sue the dog owner for their injuries. It is crucial to understand the specific laws regarding dog bites in the state where the accident occurred, as dog owners can escape liability in some states based on the language of the statute(s). The following article will discuss the laws regarding dog bites in the state of Georgia.

The “One-Bite” Rule

One of the foundational principles of strict liability in common law is known as the “one-bite” rule. This principle asserts that a dog owner will not be held strictly liable for any injuries their dog has caused unless there is evidence to show that the owner knew or should have known that the dog had the propensity to bite or attack. For example, if a dog has bitten or attempted to bite someone in the past, that is sufficient to show that the owner should have been aware of the dog’s dangerous propensity and should have taken appropriate actions to control the dog’s behavior. However, most states have either rejected this principle or have modified it in their statutes.

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