Articles Posted in Dog Bites

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Recently, a state appellate court issued a written opinion in a Georgia dog bite case requiring the court to determine if the lower court was proper to dismiss the plaintiff’s claims seeking punitive damages from the defendant dog owner. Ultimately, the court concluded that the facts gave rise to a material issue regarding the dog owner’s knowledge of her pets’ propensity for dangerousness and whether her actions on the day of the attack showed a conscious indifference to the safety of others.

Mean Dog GlareThe Facts of the Case

The plaintiff was taking her son’s dog to the neighborhood dog park. The dog was a five-pound Yorkshire terrier. When she arrived, she noticed the defendant and her two larger dogs were already in the fenced-in park. The plaintiff asked the defendant if she was going to leave soon, and the defendant just shrugged.

A few minutes later, the defendant started to put her dogs on their leashes. However, as she opened the gate to exit the dog park, the two large dogs got away from her control and ran toward the plaintiff’s dog. The plaintiff’s dog was killed as a result, and the plaintiff was seriously injured. The plaintiff filed a personal injury lawsuit against the defendant, seeking punitive damages.

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Earlier this month, the Georgia Supreme Court issued an opinion in a Georgia dog bite case requiring the court to discuss and clarify the law when it comes to an owner’s liability for injuries caused by his dog. Under the specific facts presented in the appeal, the court concluded that the plaintiffs did present sufficient evidence that the defendants’ dog did have a dangerous propensity of which the defendants were aware. As a result, the court held that summary judgment in favor of the defendants was not proper.

Pit Bull TerrierThe Facts of the Case

The plaintiffs and the defendants were neighbors. The defendants’ adult son moved back into their home and brought his dog, Rocks, with him. Rocks was at the defendants’ home for about two weeks when the defendants noticed he was acting aggressively. On one occasion, Rocks snapped at the defendant wife as she tried to feed him. On another occasion, Rocks growled at the plaintiff’s husband when he was visiting the defendants.

The following week, the plaintiff’s wife came over to visit the defendants. Rocks was in the backyard and not in his kennel, although he was on a leash. When the plaintiff wife entered the yard, Rocks charged at her, lunged, and latched onto her leg, causing serious injuries.

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Last month, the Supreme Court of Georgia issued a written opinion in a dog bite case, explaining which elements a plaintiff must prove in order to be successful. The case presented the court with the opportunity to discuss when a trial judge can make a determination, as a matter of law, that the plaintiff’s case is insufficient. Ultimately, in this case, the court held that the plaintiffs presented sufficient evidence to survive the defendants’ summary judgment challenge.

PitbullThe Facts of the Case

The plaintiff was bitten by a neighbor’s dog while she was visiting the neighbor in their back yard. The defendants had only had the dog for a little over a week at the time of the attack. Prior to the attack, the dog had snapped at humans twice, once at one of the defendants and once at the plaintiff’s husband. On the day of the attack, the plaintiff entered the defendants’ back yard and approached the dog, which was on a leash. The plaintiff extended her hand gently toward the dog, and the dog lunged at her. As the plaintiff tried to get away, the dog latched onto her leg. The plaintiff and her husband filed a personal injury lawsuit against the defendants.

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