Defenses That Owners Might Use in Georgia Dog Bite Lawsuits

If you or a loved one have suffered from a dog bite, you might feel overwhelmed, confused, and unsure of how to proceed. The emotional and physical pain that follows such an incident can be significant. We understand that you might have questions about how to handle your case and what to expect. If you are looking for guidance or legal representation, you’ve come to the right place. At Malchow Johnson Injury Lawyers, we empathize with your situation, and we are here to help you navigate the complexities of a dog bite lawsuit in Georgia. We will work tirelessly to ensure you receive the compensation you deserve, guiding you every step of the way. However, it’s important to understand that dog bite lawsuits can be challenging because dog owners may try to use various defenses to protect themselves from liability.

Understanding these defenses can help you prepare your case and strengthen your position when seeking justice for the injuries you have endured. While you may be entitled to compensation, it is crucial to know what arguments the other side might raise in an effort to avoid responsibility.

Owner’s Knowledge of the Dog’s Behavior

One of the most common defenses used in dog bite cases in Georgia is that the dog owner did not know that their dog was dangerous or aggressive. In Georgia, for an owner to be held liable for a dog bite, the dog must have shown previous signs of being vicious or dangerous. If the dog has not displayed aggressive behavior before, the owner may argue that they were unaware of the dog’s potential to bite. This defense often hinges on whether the dog has a history of aggressive actions, such as growling, lunging, or biting in the past.

The owner might argue that they could not have reasonably known that their dog would bite you. If the dog had never bitten anyone before or acted aggressively in any way, the owner could claim that they had no reason to suspect that the dog would bite you. In such cases, your lawyer will need to provide strong evidence of the dog’s behavior leading up to the incident. This could include testimony from witnesses or medical records showing that the dog had previously displayed dangerous tendencies.

Leland Malchow

Attorney - Partner

Chris Johnson

Attorney - Partner

Dane Anderson

Associate Attorney

Bailey Marshall

Associate Attorney

Trespassing or Provocation by the Victim

Another defense that dog owners may use in Georgia dog bite lawsuits is that the victim was trespassing or provoking the dog at the time of the bite. According to Georgia law, dog owners are not liable for injuries caused by their dog if the person bitten was trespassing on the owner’s property. This means that if you were on the dog owner’s property without permission, the owner may try to argue that they are not responsible for your injuries.

Additionally, the dog owner may claim that you provoked the dog in some way, such as by taunting it, making sudden movements, or engaging in behavior that caused the dog to feel threatened. In these situations, the dog owner may argue that the bite was a result of your own actions rather than any negligence on their part. If provocation or trespassing is claimed as a defense, your lawyer will need to carefully examine the circumstances leading up to the bite and gather evidence that supports your version of events.

Comparative Fault and Shared Responsibility

In some dog bite lawsuits in Georgia, the defense may raise the issue of comparative fault. Under Georgia law, comparative fault means that both the victim and the dog owner can share responsibility for an incident. If it is determined that you were partially responsible for the dog bite, the amount of compensation you can receive may be reduced. For example, if the dog was provoked in some way or if you failed to exercise reasonable caution around the dog, the owner might argue that you are partially to blame for the bite.

Georgia follows a “modified comparative fault” rule, which means that if you are found to be 50 percent or more responsible for the incident, you may be barred from recovering any compensation. On the other hand, if you are found to be less than 50 percent responsible, your compensation may be reduced in proportion to your degree of fault. Your lawyer will work hard to counter any arguments of comparative fault and ensure that you are treated fairly under the law.

No Prior Knowledge of Aggressive Behavior

Another potential defense in Georgia dog bite lawsuits is that the owner had no prior knowledge of the dog’s aggressive behavior. Georgia law typically requires that the dog must have exhibited some form of aggression, such as biting or showing a tendency to attack, before the owner can be held responsible. If the dog had no history of aggression, the owner might argue that they did not have any reason to believe that the dog would bite.

However, even in cases where the dog had no previous incidents of aggression, the owner still has a duty to exercise reasonable care in controlling their dog and ensuring that it does not cause harm to others. If you were bitten by a dog that had never shown signs of aggression before, your lawyer will need to explore all other aspects of the case, such as whether the dog was properly secured or whether there were other factors that contributed to the attack.

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The Role of Dog Leashes and Restrictions

Dog owners in Georgia may also argue that they took reasonable steps to prevent the dog from causing harm by using a leash or keeping the dog confined. If the dog was restrained at the time of the incident, the owner may argue that they were not negligent in allowing the bite to happen. Georgia law requires that dogs be kept under control when they are in public spaces, so if the owner had the dog leashed or confined when the bite occurred, they might argue that they were following the law.

However, if the dog was off-leash or unrestrained, the owner may be more likely to be held liable for the bite. In these situations, your lawyer will gather evidence to show whether the dog was properly controlled and whether the owner acted negligently in allowing the dog to roam free.

Defending Against Liability with a Medical Condition

In rare instances, a dog owner might claim that they were not responsible for a bite due to a medical condition affecting the dog. This could involve a situation where the dog’s behavior was influenced by an illness, injury, or some form of incapacity that made it more prone to aggression. While this defense is uncommon, it can still be raised in some situations where the dog’s behavior was uncharacteristic due to a medical issue.

If this defense is raised, your lawyer will need to carefully investigate the dog’s medical history and the circumstances leading up to the attack. You will also need to prove that, regardless of the dog’s medical condition, the owner still had a responsibility to prevent the bite and take appropriate actions to protect the public from harm.

Facing a dog bite injury can be a stressful and overwhelming experience. The last thing you need is to worry about legal defenses and how to navigate the complexities of the legal system on your own. If you’ve been bitten by a dog in Georgia, it is essential to seek the help of a skilled personal injury attorney who can guide you through the legal process.

At Malchow Johnson Injury Lawyers, we are committed to helping you understand your rights and ensuring that you get the compensation you deserve for your injuries. Dog bite lawsuits can be complicated, and the defenses raised by dog owners can make it difficult to secure a successful outcome without the right legal support. If you are ready to discuss your case and get the assistance you need, don’t hesitate to contact us today. We are here to help you fight for justice and achieve the best possible outcome for your situation.

To learn more about this subject click here: How Long Does It Take to Resolve a South Carolina Dog Bite Lawsuit?