Atlanta Personal Injury Lawyer Blog

As a trial attorney specializing in personal injury cases, I have had the opportunity to handle various legal matters, including dog bite cases. Throughout my career, I have closely followed the evolution of dog bite case law in the state of Georgia. In this article, I will share insights and perspectives on the key aspects of dog bite litigation, examining relevant statutes, court decisions, and the responsibilities of dog owners. By understanding the intricacies of this area of law, we can shed light on the legal landscape surrounding dog bites and promote safer communities for both humans and animals.

The Statutory Framework

Dog bite cases in Georgia are primarily governed by statutory law. Under Georgia Code Section 51-2-7, dog owners are held liable for injuries caused by their dogs if they had prior knowledge of the dog’s vicious propensity. This statute follows the “one-bite” rule, which means that an owner may escape liability for the first incident, but subsequent incidents could expose them to legal consequences.

I recently settled another dog bite attack against an owner of an aggressive dog.  The dog owner (and dog) resided in The Country Club of the South – an upscale country club gated community in Johns Creek, Georgia.  My client is a UPS driver who had delivered packages to defendant’s home approximately 3-4 times prior to the attack- on these occasions; he did not see any dog or notice any dog warning signs on the property.  As with other dog bite cases, I mailed out letters to defendant’s surrounding neighbors to solicit information and instances of prior aggressive behavior from defendant’s dog prior to filing a lawsuit.

The Attack:  My client brought several packages up the driveway to defendant’s front door.  The front door had a glass window and my client did not need to press the doorbell as he could see the owner coming to the door. The defendant opened her door and two unleashed (violation of leash law) dogs came out and ran circles around my client.  Without provocation, the big dog (a German shepherd mix) jumped on my client and bit him several times on the arm and ankle leaving bloody puncture marks.  At the time of settlement, there were several small permanent scars on my client’s ankle.

Fulton County Animal Control:  Personnel from the County investigated the attack and wrote up a report.  Among other citations, the owner was cited for allowing her dogs to run at large while not under constraint and control of a competent person; violations under Fulton County and Johns Creek ordinances.  Typically, the city has the same dog ordinances as the county.

Recently, I settled a dog bite claim for $50,000.00 on behalf of a deserving client after filing suit in State Court of DeKalb County. The attack occurred in Waterford neighborhood which is located in Dunwoody – a suburb of Atlanta. The neighborhood was built back in the 1970s and has over several hundred homes. I consider it to be a large neighborhood. And, a lot of the neighbors own dogs – the majority of which are competent and responsible dog owners.

Our dog bite attack occurred back in the fall of 2018 and involved an unleashed grey/white male pit bull/Great Dane mix that had escaped through an open gate in the owner’s backyard. The dog immediately ran down toward the street and my client who at the time was walking her leashed two small dogs on the sidewalk. My client saw the pit bull and immediately picked up her smaller dog and attempted to walk away. However, the pit bull continued to circle her and my client was constantly moving in a circle to keep an eye on the pit. In the process of attempting to protect herself, she fell down upon the roadway. She was not sure if the pit had knocked her down or if she fell of her own accord onto her shoulder. When she attempted to get back on her feet off the ground, the pit started to bite her ankle when she was at her most vulnerable. The pit bit holes through her pant leg and socks and caused several dog puncture bite wounds to her ankle. My client was screaming from the pain but was able to get on her feet when the pit started to come back toward her to commence another attack.

My client was able pull out her pepper spray and sprayed the pit in the face which caused the pit to run back inside the fence of his owner. A fellow neighbor witnessed the attack and was able to close the fence door. Several drivers had stopped their cars in the roadway and witnessed the event – although, none got out to help. Allegedly, the owner of the pit was not home at the time of the attack and the pit had no previous history of attacks. DeKalb County Animal Services ordered that the pit be quarantined at home. Until there was confirmation of rabies vaccination for the pit, my client was on pins and needles.