One Child Killed, One Maimed While Walking To Bus Stop By Vicious Dogs


March 23, 2017

The Atlanta Journal-Constitution reported recently that one child was killed and another severely wounded by two dogs that had broken free from their owner. The child who tragically succumbed to his injuries was only six years old and the girl who suffered grievous head and facial injuries is five years old. Moreover, the attacking dogs were mixed breed pit-bulls. Georgia dog bite law is a complex area of the law, one that requires the help of skilled and knowledgeable attorneys to represent the victims of dog bites.

The tragic events unfolded on Tuesday, January 17, 2017, as neighborhood children walked to the bus stop. Two pit-bull dogs, whose owner resided a street or two away, chased the young children. The children screamed and cried for help. Children came to each other's aid while dogs chased them. One dog even backed children into a corner. During the commotion, an adult neighbor came outside with his firearm in an effort to prevent further attacks. Police and animal control officers flooded the area. Animal control apprehended one dog quickly while the other was not easily captured, requiring that that they fire two shots at the dog to neutralize the threat. Eventually, both dogs were restrained and taken away. One animal was observed with red streaks of blood down its chest. Atlanta police investigated the identity of the dogs' owner and arrested him, charging him with two counts of reckless conduct.

Unfortunately, by the time the authorities apprehended the dogs, the dogs had already mauled the two children. The five-year-old girl was rushed to the hospital for emergency surgery to treat head and facial trauma, while the boy was transported from the scene by medical personnel and sadly perished at the hospital. 

Georgia Dog-Bite Law Is A Complex Area Of The Law

The victim of a dog bite might assume that the dog's owner is automatically liable for civil damages caused by the animal. However, Georgia law is not that simple.  Some cities, such as Atlanta, have city ordinances legislating the dog owner's obligations. Counties like Fulton also have by-laws relating to the obligations of a dog owner. These multiple laws and how they interact with each other create a complicated scenario for the dog bite victim. Consequently, if a domestic animal injured you or a loved one, you you can benefit from a Georgia personal injury attorney at Montlick & Associates with the knowledge and determination to seek justice.

Under state law, the dog bite victim must prove three elements, or components of the law, before the animal owner may be found liable for damages.

The dog bite victim must show:

• the animal was a vicious or dangerous animal;
• the animal's owner was careless in managing the animal or allowed the animal to roam; and
• the injured person did not provoke the animal into attacking.

The statute does not define vicious or dangerous explicitly, but it does refer to city and county ordinances as well as town by-laws for assistance. If the local laws require an animal to be "at heel or on a leash," then the dog is considered vicious. Liability will attach if the animal was unleashed in violation of those local laws.

Put Our Law Firm's Over 33 Years Of Legal Experience To Work For Your Case!

The time you have to legally receive compensation is limited. Call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-three years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour live chat.

Sources:
http://law.justia.com/codes/georgia/2010/title-51/chapter-2/51-2-7
http://www.myajc.com/news/crime--law/owner-arrested-after-dogs-kill-one-child-seriously-injure-another/Bk4UvnMpm44D18ZEa1eXHK/

Montlick & Associates, Attorneys at Law

17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (404) 529-6333
Toll Free: 1 (800) LAW-NEED

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.