Common Defenses In Dog Bite Cases and How to Overcome Them

Dog bites can disrupt your entire life, causing scarring, medical bills, and causing you to miss time from work. Retaining an attorney to help you through this process is advised because an attorney can assist you in determining fault and help recover the compensation you are owed. However, you may wonder if there is ever a time when the at-fault party can claim a valid defense to your claim, thereby preventing you from obtaining any compensation. The answer is yes; there are some defenses that we come across here at The Georgia Dog Bite Lawyer. Below, we discuss these defenses as well as how to overcome them.

Defense #1: The Dog Was Provoked

This is perhaps the most common defense. Dog owners can claim that the victim provoked their dog and, therefore, they should not be held liable for the bite. Georgia statutory law does state that “A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured.”

The best way to overcome this defense is through eyewitness testimony or a recording of the event, if available.

Defense #2: The Dog Has Never Shown a Prior Propensity to Bite

Some dog owners will claim their pet has never shown any prior behavior that would indicate the dog would bite someone. When this is claimed, the best way to address this defense is through evidence, such as eyewitness testimony, that the dog has been violent and aggressive in the past. Lacking this type of evidence, it is possible to rely upon OCGA §51-2-7, which states that a vicious propensity can be shown when “the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash”; however, even then you may need proof the owner knew or should have known, the dog was running at large at the time of the attack.

Defense #3: The Victim Was Committing A Crime When Bitten

The owner of a dog that bit someone may assert as a defense that the victim was committing a crime when the bite occurred. For example, if the victim was trespassing on someone else’s property, and that person’s dog bit them, the owner does have a defense to the dog bite claim. The best way to overcome this defense is by showing that the victim had a right to be on the property and was not actually trespassing. If they were trespassing, they might be able to assert that they were not a threat and the owner intentionally had the dog bite them.

Let Us Help You Recover Compensation For Your Dog Bite

If a dog has bitten you, don’t assume you will not be able to recover for the damages you have suffered. Contact The Georgia Dog Bite Lawyer and schedule a free consultation.