Dog Bite Attorneys

Workers who need to enter homes or be present on private property to perform their duties, including home construction workers, plumbers, and delivery men, have an “implied invitation” to be there. During work hours if an employee is bitten by a dog on private property, they are eligible to receive workers’ compensation benefits, which includes wage replacement and medical benefits.

Moreover, if an employee is bitten on the job, they may also be eligible to file a lawsuit against the dog owner if the owner isn’t their employer. The injured employee can request compensation for the suffering and pain they have endured, including other losses that workers’ compensation doesn’t cover when they file a claim against the dog owner.

O.C.G.A. 51-2-7 is Georgia’s dog bite statute and can be found in the state’s code of laws. This statute covers injuries by other animals in addition to dog bites. Under the statute, in order to prove that a dog owner is responsible, the injured person must be able to show that they didn’t provoke the dog, the owner either let it “go at liberty” or was careless with the animal which caused the attack, or the animal was already dangerous or vicious to begin with.

Almost any kind of animal is covered under Georgia’s statute, including any type of animal behavior that causes an injury. When it comes to animal-related injuries such as dog bites, Georgia is a “negligence” state. In order for a victim to prove the accused is responsible for their injuries, they must be able to show that the animal’s owner knew that their pet was dangerous or vicious and failed to restrain the animal to protect other people from becoming harmed. Georgia’s leash ordinance could be used to prove that the dog had a vicious personality.

Certain specifics about dog bites differ from state-to-state, but there are some common arguments that opposing attorneys will attempt to use to defend dog owners, including:

Contributory Negligence or Assumption of Risk: If a dog owner adequately warned the victim about their dog but they disregarded it, the owner could argue that the victim was partially to blame for their injuries. If argued successfully in a court of law, this point could either completely eliminate or reduce their ability to recover damages for their injuries.

Trespassing: Trespassers have some legal protections, but according to Georgia’s statutes regarding dog bites, the victim would be required to prove that the dog bite happened on public property. If this rule applies an injured victim will not be eligible to receive damages if the bite took place while they were trespassing.

Provocation: The dog owner could attempt to claim innocence by saying that the victim provoked the dog prior to the bite. Examples of provocation include backing a dog into a corner or poking one with a stick, and aggressively flailing one’s arms to provoke fear.

Our experienced attorneys at The Eichholz Law Firm can dismantle and refute an opposing attorney’s tactics, including the ones we mentioned above. Here are several types of damages a victim could recover in a dog bite case:

Punitive Damages

If a dog owner’s behavior is deemed reckless, a court of law could make them pay out an additional settlement known as punitive damages. This is intended to financially punish the owner, as well as make a strong statement that will prevent any similar behavior from happening in the future.

If a state uses a strict liability statute, you likely will not receive punitive damages. This statute holds a dog owner responsible for the bite regardless of how careless they are or what the dog’s history is.

Income Loss

Victims typically miss time from work due to medical diagnoses, doctor visits, hospitalization, treatment, rehabilitation, and recuperation. For these reasons, victims can receive compensation for any lost income. If the injury permanently affects a victim’s ability to perform their job, they could also receive compensation due to loss of earning capacity.

Pain & Suffering

Of course, animal bites cause lots of pain. The pain can be unbearable, depending on the severity of the attack. Dealing with ongoing medical procedures related to physical pain can be quite demanding.

Medical Expenses

There are a variety of medical expenses a dog bite victim could incur, including charges for ER, X-rays, physicians, technicians, medication, physical therapy, and psychologist visits. There may even be charges for intensive care or a hospital stay, depending on the severity of the attack.