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How is liability determined in a Georgia dog bite case?

On Behalf of | Aug 16, 2022 | Personal Injury |

A dog bite can leave you with serious injuries. If you are a victim of a dog attack, you may be eligible for compensation through Georgia’s premises liability lawsuit. However, to recover your damages, you need to prove that the pet owner was negligent and that the attack was preventable.

Like in any other civil lawsuit, there has to be sufficient evidence to determine liability. This is where the elements of negligence come in.

So how is negligence determined in a dog bite case?

Proving fault in most personal injury claims is usually straightforward. However, when it comes to a premises liability lawsuit that involves a dog bite, things can get a little tricky. After all, you cannot arraign a dog in court. In a dog attack case, you must prove that the dog owner is liable by establishing these elements of negligence:

Duty of care

Every dog owner has a duty to restrain their animal both in a public area as well as on private property.

Breach of duty

If the dog owner fails to restrain the animal, leading to an attack, then you can have grounds to argue that they breached their duty of care to you.

Causation

To establish the compensation amount, there has to be proof of injuries. And those injuries must be directly attributable to the attack. For instance, if the dog attack resulted in lacerations that required hospitalization, then you should be able to claim compensation for your treatment costs.

Damages

Being attacked by a dog is never enough to pursue compensation. You must have sustained injuries that lead to provable damages. This must include economic as well as non-economic damages that are directly attributable to the attack.

If you are attacked by someone’s dog, you should consider exploring your legal options so you can pursue the compensation you deserve for your damages.