Provocation as a Defense

A common defense in Georgia dog bite cases, the success of a provocation argument depends on the specifics of the incident. Understanding when this defense is likely to work and how to counter it is essential for anyone who has been attacked by an animal. Talk to an Atlanta dog bite lawyer to learn more.

Provocation and Other Common Defenses

When a dog bite case moves forward, the dog owner may raise several defenses to avoid liability.

• Lack of prior aggression. Georgia law often requires that the dog has a history of aggression or that the owner knew or should have known about the dog’s dangerous tendencies. If the dog has no history of aggression, the owner may argue that they could not have anticipated the attack.
• If the victim was trespassing on the dog owner’s property at the time of the bite, the owner might claim that they are not liable for injuries because the victim was not lawfully on the property.
• This defense argues that the victim’s actions provoked the dog, leading to the bite. Provocation can significantly impact the outcome of a dog bite case.

When a person’s actions cause a dog to bite in a reactionary manner, it can lead to a provocation defense. This can include behaviors such as hitting, teasing, or otherwise aggravating the dog. If the dog owner can prove that the victim provoked the dog, they may be able to reduce or eliminate their liability.

Reasonableness of the Dog’s Reaction

Not all actions are considered provocation. For instance, if a child accidentally steps on a dog’s tail, this might not be viewed as sufficient provocation to justify a bite. On the other hand, if someone aggressively taunts or physically harms the dog, the provocation argument may be more successful.

In short, the reasonableness of the reaction will be reviewed, because even if provocation occurred, the dog’s response must be proportional. The defense is more likely to succeed if the victim was fully aware of their actions, so deliberate poking or prodding a dog is more likely to be considered provocation than an inadvertent action.

If you are recovering from a dog attack and believe the animal owner is going to use a provocation defense, talk to an Atlanta dog bite lawyer. A seasoned attorney can assess whether the defense is likely to succeed based on the specific circumstances of the case. They can gather evidence, such as witness testimony or video footage, to counter provocation claims.

In many cases, dog bite lawsuits are settled out of court. An attorney can negotiate with the dog owner’s insurance company to reach a fair settlement, even when provocation is argued. If the case goes to trial, an attorney will present a compelling argument to the judge or jury, challenging the provocation defense and advocating for full compensation for the victim.

Is a provocation argument part of your case? Do not accept another’s view without legal support, protect your rights by consulting with the experienced attorneys at Zagoria Law. Contact us to discuss your case.