Serving Dog Bite & Animal Attack Injury Victims in Augusta

Our Augusta dog bite attorneys typically explore a number of legal theories when analyzing the basis for liability of a dog owner in an Augusta dog attack. Georgia follows the common law One Bite Rule that has been repealed as unfairly harsh in many states. The rule is, to some degree, a misnomer because, despite the rules name, there is no requirement that a dog need to have bitten someone before liability may be imposed on a dog owner. This misconception is very commonly misunderstood and leads some to believe that they get “one free bite.”

While there is no requirement that an Augusta dog attack victim prove that the dog has bitten someone on a previous occasion, this approach to imposing liability on a dog owner does require evidence that the dog owner “knew or should have known” that the dog had vicious tendencies. This is sometimes referred to as the “scienter” requirement. While a prior dog bite incident is one way that a dog’s prior vicious behavior may be shown, it may also be established by other evidence. The breed and training of the dog may also be relevant as certain breeds of dogs have a greater propensity for viciousness including pit bulls and Rottweilers.

The case of Supan v. Griffin, 238 Ga. App. 404 (1999) provides a clear direction on how the One Bite Rule works in Georgia. The plaintiff was injured when a dog on the owner’s property attacked the dog bite victim. The court held that the true test of liability is the owner’s “superior knowledge of his dog’s temperament.” Supan’s dog had previously attacked another dog while threatening its owner with “bared fangs, vicious growls and attack behavior.” Although the dog did not bite, this evidence of an aggressive temperament was sufficient to impose liability on the dog owner.

Our experienced Augusta dog bite lawyers thoroughly investigate our clients’ dog bite cases to identify evidence that a dog owner should have known of a dog’s vicious tendencies. Even when the scienter requirement cannot be established because there is no evidence of past viciousness by a dog, we may still pursue an Augusta dog bite lawsuit based on an owner’s negligence or violation of a leash law ordinance. If an owner’s negligence can be shown to have caused injury in the form of a dog attack resulting in a bite or even knocking someone to the ground on a bike, this may be the basis for imposing liability on a dog owner. Similarly, if you suffer a dog attack in a city or county that has a leash law, an owner may be liable for injuries caused because the dog was allowed to run at large rather than being confined by a fence or on a leash.