Dog bite settlement negotiations are not dissimilar from other types of personal injury settlement negotiations – once liability has been established your economic and non-economic damages should be calculated and paid, usually by the owner’s home insurance policy (or renters insurance).
One way in which this is different than something like a car accident case are the policy limits available. On the low end, homeowners may have $100,000 of liability coverage compared to $25,000 per person/$50,000 per accident minimum bodily injury liability coverage for auto accidents. That means there may be more money to pay for your medical costs, lost wages and pain and suffering than would be available after a car crash.
A number of situational factors must be met for a successful dog bite claim:
If you can establish those facts, you may have a good chance to make the case that the dog owner is liable for your injuries.
The question may become was the dog vicious – which in Georgia means was it required to be leashed or restrained. Dog owners may notice a specific distinction here they don’t necessarily agree with. Your dog may be the sweetest and most loving and gentle pet, but if it’s required by Georgia law or local ordinance to be leashed, it’s met the “vicious propensity” standard already.
Strict liability essentially means the dog owner is always liable even if it wasn’t necessarily “negligence” that allowed the attack to occur. That means even if the dog owner did everything legally required to restrain their dog but failed to prevent the dog from attacking, they’re automatically liable as the owner.
In states with the one-bite rule there’s an assumption the dog isn’t vicious or a threat until something happens to prove otherwise (usually a previous attack or aggressive behavior). That essentially means the first bite is free.
Georgia makes it fairly simply to prove “viciousness.” The statute reads:
“In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash.”
Provocation is one of the most common and effective defense strategies used against dog bite injury claims. Depending on the scenario those defenses may or may not be effective based on the strict liability doctrine. Intentionally aggravating a dog might be qualified as provocation, but simply walking past the fenced-in backyard where the dog lives shouldn’t be considered provoking the dog.
Unfortunately, there are many scenarios where dog attacks occur without witnesses or security camera footage. A dog owner may try to argue you were trespassing (which could constitute provoking the dog) or some other action that you should have realized would cause the dog to attack.
Liability and fault are not necessarily all-or-nothing matters in Georgia. According to our state’s modified comparative fault doctrine both the injured person and the person who is primarily at fault for those injuries may share fault in the eyes of the law. The insurance company and dog owner may try to argue you may not have been primarily responsible, but you do share some of the blame. Successfully making this argument may reduce the claim they must pay for your injuries.
Liability, insurance policy limits and comparative negligence are all important and may impact the maximum amount of your recovery, but they’re not key to the actual calculation of what you should be owed. For that you and your legal team need to calculate both the economic and non-economic factors of your injuries.
This usually includes all your current and future medical costs related to the dog bite, lost wages and future loss of income related to the attack and the pain and suffering you (and potentially your family) has had to endure. Some of those damages, like lost wages and medical costs, can be easily quantified by adding up medical bills and referring to past pay stubs to determine how much you should have earned while you were in recovery. Others, like pain and suffering, can be a bit harder to quantify.
It may be in your best interest to consult with an experienced Duluth dog bite lawyer to determine what appropriate compensation should be for your situation. You can contact the Zdrilich Law Group at (770) 931-9604 to schedule a free, no-obligation appointment to discuss your case.
GET A FREE CONSULTATION TODAY
Zdrilich Injury Law is committed to helping injured Georgians receive the money they need to recover physically and financially after an accident.
Zdrilich Injury Law, LLC providers one-on-one representation to car accident, truck accident and workers’ compensation clients in Georgia.
770-691-1680
PRACTICE AREas
CONTACT INFORMATION
Duluth Office
3575 Koger Blvd. Ste 125
Duluth, GA 30096
Phone:
(770) 931-9604
Savannah Office
123 Canal St. Ste 201
Pooler, GA 31322
Phone:
(912) 888-1111
Alpharetta Office
11545 Parkwoods Cir. Ste B
Alpharetta, GA 30005
Phone:
(404) 888-1111
All Rights Reserved | Zdrilich Injury Law, LLC | Privacy Policy