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Practice Areas
- Georgia Wrongful Death Lawyer
- Medical Malpractice
- Automobile Accidents
- Premises Liability
- Tractor Trailer Accidents
Blog 
- Over Correcting Likely Cause of School Bus Accident in Georgia
- Why I Like Lawyers
- Train Safety
- Progressive Investigated by Georgia Insurance Commissioner
- Progressive Insurance Company Goes Way Too Far
Legal News
School Bus Overturns in Georgia - Many Students Hurt
J&J, Novartis Recall Fentanyl Pain Patches Over Possible Leak
Cell Phone Use in Car Leads to $5.2 Million Payout by Employer
Government Lists Worst Nursing Homes
Consumer Awarded Damages from Credit Reporting Agency
Ohio Supreme Court Ruling Eliminates Jury Discretion
Arbitration a growing trend in health care
$38.5 million to Compensate Boy Born Stricken by Cerebral Palsy
Lawsuit: tumorous lungs put in lung recipient patient
Library
Medical Malpractice
- Pennsylvania Malpractice Suits Fell in 2003
- Physician Apologies
- Alzheimer's and Patient Care
- Georgia Ranks Poorly in Health Care Poll
Automobile Accidents
- Georgia's Move Over Law
- Teenager Parent Driving Contract
- Auto Accidents and Injuries
- Auto Accidents - Continue All Therapies
- Old Injury-New Accident
Premises Liability
Tractor Trailer Accidents
- Discovery in Trucking Cases
- The Sleepy Killer: The Tired Truck Driver
- Truck Seminar Materials
- New Hours of Service Regulation
- Overview of Federal Motor Carrier Safety Regulations
General
- Juries Protect Us All
- Why Should I Vote?
- Fire-loss claims
- I've never filed a personal injury lawsuit - What should I know about timing?
- Retail Customer Safety
Dog Bites
The Center for Disease Control and Prevention in Atlanta estimates that nearly 2% of the U.S. population will be bitten by a dog each year – this is more than 4.7 million dog bites. Of those attacks, nearly 800,000 of the bites will be serious enough to require medical attention. Luckily, only about 12-15 people will die. Fatal dog bites occur more often in children than in adults. In fact, dog bites are one of the leading causes of injury to children – second only to playground injury.The Insurance Information Institute reports that dog bites annually cost insurers between $300 and $350 million. This sounds like a lot of money, until you realize that dog bit victims will suffer over $1 billion in monetary losses each year, according to the Journal of the American Medical Association.
Georgia has one of the country’s most owner-friendly dog bite liability statues, requiring that the owner may only be liable for injuries in two cases:
Owner Knowledge
The first way requires the victim to prove (1) that the animal was dangerous or vicious, (2) that the defendant knew the animal was dangerous or vicious, and (3) that the defendant either carelessly managed the animal or allowed it to roam free.
Leash Law Violations
The second requires a local ordinance. If your local government has passed a law requiring the dog to be at heel or on a leash and you can prove that the defendant was not in compliance, you might have a case. Importantly, if the owner is violating a local ordinance, it does not matter whether or not he knew that the animal was vicious or dangerous.
Georgia & The “One Bite” Rule
While Georgia law does not explicitly state that “one bite” is required, the courts have said that Georgia traditionally adheres to a “first bite” rule and will only hold dog owners liable for their dog’s actions if the owner knows that the dog has a “propensity to bite.”
Provocation
The last thing to know in Georgia law is that a plaintiff may not be able to recover if he or she “provoked” the dog before the bite. If the plaintiff was teasing the dog or struck it, he will likely be unable to recover under the laws of Georgia.
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Jason R. Schultz
34 Peachtree Street N.W.
Suite 2570
Atlanta, GA 30303
Phone: (404) 474-0804
Fax: (404) 577-0564
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FAQs
Medical Malpractice
Under what circumstances can I sue for medical malpractice?...
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Automobile Accidents
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Will the other person's insurance company get an estimate of their own?...
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Premises Liability
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Tractor Trailer Accidents
How is an automobile accident case different from a tractor trailer accident case?...
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Case Results
Medical Malpractice
$160,500 - Sponge left in abdomen by surgeon
$1,047,000 - Hospital negligently released patient
Automobile Accidents
$105,000 - Tweed v. Moriles. State Court of Clayton, Jonesboro, Georgia
$275,000 - Ray v. Smiley. State Court of Forsyth County, Cumming, Georgia
$100,000 - Johnsen v. Smithson. State Court of Fulton County, Atlanta, Georgia
$40,000 - Price v. Sellers. Superior Court of Carroll County, Carrollton, Georgia
$100,000 - Silver v. Upton. State Court of Fulton County, Atlanta, Georgia
Premises Liability
$325,000 - Broadnax v. Autozone, Inc., Fulton Superior Court, Atlanta, Georgia
$65,000 - Hector v. Sears Roebuck and Co. State Court of Fulton County, Atlanta, Georgia
$75,000 - Davis v. AATC and Kone, Inc. State Court of Clayton County, Jonesboro, Georgia
$30,000 - D’Hollosy v. Rich’s Department Stores, Superior Court of Fulton County, Atlanta, Georgia
Tractor Trailer Accidents
$933,100 - Wilson v. Sanifill, Inc. State Court of Fulton County, Atlanta, Georgia
$562,000 - Banks v. Canal Insurance Company, et. al. State Court of Fulton County, Atlanta, Georgia