If someone else’s dog injures you, you might face medical bills, lost time at work, and pain and suffering. In addition, you might wonder what steps you can take to recover your damages and move forward with your life. There are several laws affecting dog bite injury claims, so make sure you have a Duluth dog bite attorney in Duluth, Georgia, like David Brauns, to represent your rights properly.

With more than 70 million dogs in the U.S., dog bites will inevitably occur. In fact, according to the American Veterinary Medical Association, dogs bite at least 4.5 million people annually, with 20 percent requiring medical attention. Reconstructive surgery is needed for 27,000 of those bitten, and in 2013, there were 31 reported deaths associated with dog bite incidents. In addition, a dog bite can be painful, and filing a personal injury claim can add to that burden.

Duluth dog bite lawyer at Brauns Law Accident Injury Lawyers, PC can ease that burden by providing legal representation from the start of the claim until it settles or resolves in court. Hence, you get the compensation you deserve.

How do I know if I have a viable dog bite injury claim?

David Brauns will review every aspect of your case to determine if you have a viable claim and can then help you collect the proper evidence to prove it.

Georgia statute O.C.G.A. 51-2-7 governs how dog bite or other animal injury cases are handled. First, the injured party must prove the animal owner’s liability for the injury. To do so, the injured party must show either of the following points is valid.

  • The animal is dangerous or vicious, and the owner knows the dog is dangerous or vicious. Further, the victim must prove that the dog owner did not correctly manage the dog or allow it to run at large.
  • The dog was not on a leash as required by local law, and the owner did not correctly manage the dog or allow it to run at large. Under these grounds for liability, the owner does not have to know that the dog is dangerous or vicious.

The burden of proof is on the injured person to prove that the animal owner is liable. Therefore, your case must include evidence that the animal owner acted negligently or carelessly, contributing to the dog bite injury.

All claims involving dog bites are subject to a two-year statute of limitations. Therefore, the courts will not hear the case if the dog bite incident occurred more than two years before the filing date.

What types of defenses should I expect in a dog bite claim?

An owner can claim a lack of liability because he did not know his animal’s vicious nature or could argue he did not exhibit a lack of care or any wrongdoing in the incident. Some possible defenses you should prepare for in a dog bite claim include the following.

  • Lack of knowledge: If the owner had no reason to expect his dog would bite a human (no previous incidents), he could use the defense that his lack of knowledge precludes his responsibility. Georgia has a “One-Bite Rule,” which states that a dog owner can be exempt from liability if he did not know his dog was vicious before a bite. After the first bite or if the dog shows any propensity towards viciousness, the dog owner cannot claim a lack of knowledge.
  • No evidence of negligence: If the dog was restrained correctly or in an area where leashes are not required, it might be challenging to prove a lack of care. You need to confirm that the owner did not have proper control over his animal or that he let the dog “go at liberty.”
  • Provocation: Georgia law states that if the injured party teased or abused the dog, the owner might not be responsible for the bite. We will work with you to present evidence that proves this was not the case.

Discussing the details of the incident with your attorney is essential so you can prepare for defenses that might arise.

Talking with a Duluth Dog Bite Attorney

David Brauns and the Brauns Law Accident Injury Lawyers PC team understand your concerns and fears and are ready to offer compassionate legal services to help you get results. For a free consultation, contact us at 404-418-8244.