Defending Against Common GA Dog Bite Defenses
In Georgia, dog bite victims have the right to seek compensation. This is important to know as dog bite injuries can lead to serious physical and emotional trauma, especially when the attack comes unexpectedly. Of course, the process isn’t always smooth. Dog owners and their insurance companies may respond with strong defenses in an attempt to avoid liability.
Understanding common defenses, and how to counter them, is essential to pursuing a successful claim. Have a conversation with an Atlanta dog bite lawyer to explore your recovery options.
From Provocation to Trespassing
To hold a dog owner liable, the injured party will need to prove they have a right to recovery. For example, it strengthens an injured party’s position if the dog had a vicious propensity (such as a history of aggression or previous bites) or the owner violated a leash or restraint ordinance. It is additionally helpful if there is evidence that the owner knew of the dog’s dangerous behavior.
Also, dog owners often bring up the concept of provocation to build a defense. Provocation may include teasing, hitting, cornering, or interfering with a dog while it’s eating or caring for puppies. Owners may argue that the dog was simply reacting to the victim’s actions.
To counter a provocation defense, an attorney can gather eyewitness accounts, video surveillance, or expert opinions to prove that no provocation occurred. Or if there was an action that the dog’s response was disproportionate. A calm approach by the victim followed by an unprovoked attack often strengthens the victim’s case.
Additionally, if the bite occurred on the dog owner’s private property, they might claim that the victim was trespassing, and because they were on the property illegally they are not entitled to compensation. Georgia law often protects property owners from liability to trespassers, especially if the dog was confined on their land.
But there is a difference between a true trespasser and someone lawfully present, such as a delivery person, mail carrier, or invited guest. Demonstrating that you were legally on the premises is crucial. Even if you were on private property, if the owner failed to secure a known aggressive dog, they may still be held accountable.
Dog owners may argue that their pet had no history of aggression and had never bitten anyone before, implying they couldn’t have anticipated the incident. When this is the case, your lawyer can investigate past complaints, animal control reports, or testimonies from neighbors or service workers to uncover prior signs of aggression, too.
Legal Experts to Navigate Your Case
Injury claims can be complex, especially when dog owners assert strong defenses. An experienced Atlanta dog bite lawyer knows how to investigate the facts, uncover hidden evidence, and challenge defenses to build a solid case.
Are you facing a legal battle to access the financial relief you need following an animal attack alone? You don’t have to, if you or a loved one has been bitten, get the support you need to pursue the compensation you deserve. Talk to the attorneys at Zagoria Law. Contact us today.
