As evidenced by the recent newspaper account, victims of dog bites not only suffer physical injuries, but often suffer long-lasting emotional trauma from the attack. In the article, the writer wrote how, for health reasons, he had been walking during lunch breaks from work. One day while he was walking, someone unleashed his dog between his car and his house. Instead of running into the yard and house, the dog turned and charged the pedestrian on the sidewalk. The dog attacked, jumped on the pedestrian and bit the walker. Once she realized that she was being attacked by a dog, the pedestrian put her arm up and fortunately she was bitten on the arm (as opposed to the dog attacking her buttocks, stomach or crotch, which are common areas that dogs bite during brutal dog attacks) and the bite wound was not catastrophic. However, the trauma and resulting emotional distress, anxiety and fear of being attacked again by a dog is what has caused the most damage to this dog bite victim. This is common. In other words, many times the emotional and psychological damages sustained by a dog bite victim are more serious than the physical injury. If anyone has ever been attacked by a dog, it is easy for them to understand how debilitating this type of attack can be. Now, a pleasant walk in the neighborhood is no longer enjoyable due to the stress and fear that a dog may appear out of no where and attack.
In the case discussed above, the dog owner would be liable for all damages caused by the dog under all of the Atlanta metro county leash laws. If a dog owner allows his dog to run off leash and the dog attacks someone, the dog owner is negligent per se (a legal term meaning that the person is negligent due to the fact that they violated a state, code or law) and is liable for all damages that flow from the dog’s behavior. In fact, it is not necessary for the dog to bite someone for the owner to be liable. We have handled cases in the past where the dog has run up on people and the startled person was injured, without the dog biting anyone. This is still covered under the numerous leash laws. In essence, you must have complete control over your dog so that it cannot cause any damage to those around you. If you fail to due this, you are liable for all damages sustained due to the dog’s behavior.
Attorney Robert J. Fleming has been handling dog attacks, as well as wrongful death cases, automobile accident cases, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years in and around Atlanta, Georgia and its surrounding areas, including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.