CANINE CONUNDRUM What Are the Rules and Who Has Rights in a Dog Bite Case?
There’s nothing quite like the love and companionship of a dog; they are called man’s best friend for a reason! But dogs also have an innate animalistic nature and the capacity to cause bodily injury, especially if they are frightened, threatened, or intimidated. Because of this strange paradigm in our relationship to canines, dog bite cases can be complex. According to Georgia law, victims have two years to pursue legal action after an attack, and they must prove three components contributed to it. They must show that the dog is vicious, the victim did not provoke the animal, and that the owner was careless. However, there are some variables to consider in these stipulations. A major leniency in this law is that you don’t necessarily have to prove that a dog is vicious in nature. For example, if you were attacked or bitten by a dog who was acting playfully, yet you were still hurt, you have a right to seek compensation. In Georgia, dogs are typically given a “free pass,” which means they can bite or attack someone once and no additional action outside of compensation for the victim can be sought. After the second incident, owners may be legally obligated to take action in addition to compensating a victim. However, this free pass is nullified if an attack occurred because the owner did not confine their dog in the yard, did not
have the dog on a leash, or violated any city ordinance regarding the ownership of the dog.
Additionally, dog bite cases can become more complicated as more parties become involved. There have been instances where a dog attacked another person, but the dog was living on the property unbeknownst to a landlord. There are insurance traps and pitfalls that owners can fall into when renting their property to tenants, and for this reason, it’s important to become educated on your rights and responsibilities as a landlord or a tenant. To learn more about your rights as a dog owner, victim, or landowner, call the experts at the Law Offices of William F. Underwood, III, P.C. at 229-888-0888.
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