Elderly Woman Injured In Dog Bite Attack
An elderly Georgia woman is recovering after a serious dog bite attack. The woman was attacked by several pit bulls in her family member’s yard recently. According to a family member, the woman suffered multiple injuries which caused her ultimately to have a shoulder replacement.
According to the family’s neighbors, the aggressive dogs had bitten several people before attacking the elderly woman. The Lakeland Police Department says that they removed several dogs in the past and warned the owners about the dogs’ behavior.
The dogs have since been picked up by Alapaha Animal Control. The city of Lakeland is holding a hearing with the dogs’ owners and the victims to determine the best outcome for the community moving forward.
Georgia’s dog bite statute
Under Georgia’s Responsible Dog Owner Act, dog owners can be held liable for any injury that their dog causes to another individual. However, Georgia employs a modified version of the “one bite rule” which requires the owner’s foreknowledge that the dog is vicious to pursue damages. The rule stipulates that victims can hold a dog owner liable for damages if the owner knew or should have known that the dog had dangerous tendencies. In other words, if the dog bit someone prior to injuring the plaintiff, then the dog owner can be held liable for any injuries caused.
When is a dog considered dangerous? O.C.G.A. § 4-8-21(a)(1) defines a dangerous dog in the following way:
- The dog “inflicts severe injury on a human being without provocation on public or private property or
- Aggressively bites, attacks, or endangers the safety of humans without provocation after the dog has been classified as a potentially dangerous dog and after the owner has been notified of such classification.
The burden of proof is on the victim to prove that the dog was “dangerous” at the time of the bite and that the owner had foreknowledge of the dog’s aggressiveness.
Exceptions to the one-bite rule
The state of Georgia adds a couple of conditions to the one-bite rule. To hold the owner liable under Georgia law, you must be able to establish one of the following grounds:
- Viciousness + Knowledge + Negligence – You must be able to establish that 1) the dog had a vicious propensity, 2) the owner knew the dog was dangerous or reasonably should have known if they were a good owner, 3) the owner carelessly managed the dog or allowed the dog to roam free.
- Violation of an ordinance – You can also prove that the dog owner is responsible for your injuries by establishing that they violated an ordinance. For example, an ordinance may require a dog to be on a leash at all times or at heel at all times. If the dog runs off and bites someone, the owner can be held liable for the injuries.
Talk to a Georgia Dog Bite Attorney Today
Gillette Law represents the interests of Georgia natives who have been bitten by a vicious dog or otherwise injured by an animal. Call our Jacksonville personal injury lawyers today to schedule a consultation, and we can begin investigating your case right away.
Source:
walb.com/2024/06/18/elderly-woman-injured-lakeland-dog-attack/
