Dog Bite: Who is held accountable for injuries caused by a dog?
Victims of dog attacks must report the attack to the animal control officer in their county. The officer will conduct an investigation and take the dog into custody when possible. The attacks could produce serious and life-threatening injuries.
What Is the Modified One Bite Ruling?
In Georgia, the laws follow a modified one bite ruling in which the pet owner could be liable for the victim's injuries if the dog is vicious. This indicates that the dog has an aggressive temperament even when the dog hasn't been provoked. Under the one bite ruling, the pet owner is not liable for the first bite as long as the dog doesn't have an aggressive or vicious nature.
If the dog was protecting its home or family, the first bite can be excusable and won't lead to liabilities for the pet owner. However, the dog will need to be assessed by a licensed vet to substantiate its temperament. Victims who were injured in a dog attack contact an attorney to discuss a dog bite injury liability now.
When Is the Dog Considered Vicious?
An aggressive temperament is common in certain dog breeds that were raised and trained to protect their homes and attack anyone who isn't a family member. This can happen primarily with dogs that are larger and are naturally aggressive.
However, the term, "vicious" indicates that the victim wouldn't have needed to perform any action to get bit by the dog other than being too close to the animal. If the pet owner doesn't contain their dog by using a leash or having an outdoor enclosure for the dog, they are liable if the dog goes off their property and attacks a human or another pet owned in the neighborhood.
Did the Victim Break the Law?
When reviewing the dog attack case, the court must determine if the victim committed any crimes before the accident. The most common crimes linked to a dog attack case are trespassing, animal abuse, cruelty to animals, and breaking and entering. The victim must prove that they had a legal reason to be on the pet owner's property at the time of the dog attack.
If the attack didn't happen on the pet owner's property, the victim must prove that they didn't deliberately provoke the dog. By provoking the dog, the victim contributed to the cause of their injuries and could lose a portion if not all of their monetary award.
Quarantines and Rabies Vaccination Laws
Pet owners that do not vaccinate their dogs for rabies face fines and must surrender their dog to a licensed vet for a quarantine period if the dog attacked a human. The quarantine lasts twelve days and requires the vet to determine if the dog shows any signs of rabies.
What Is A Strict Liability?
A strict liability is possible if there was a previous history of attacks related to the dog. When reporting a dog attack, victims should contact the county animal control officer. The animal control officer has a record of all dog attacks reported in the county.
In the state of Georgia, pet owners who do not have vicious dogs will not be held liable for the first dog bite. However, if their animal continues to try to attack a human, they will face liabilies and be responsible for all medical costs related to the victim's injuries. If they didn't vaccinate their dog for rabies, they will face additional penalties. By reviewing the dog attack laws, victims get clarity about their cases.
