Legal Question in Civil Litigation in Georgia
We were at the dog park earlier and a man and his wife came into the dog park with their older dog and their younger dog. They were VERY obviously afraid of the dogs in the park and not sure about what to do or how their dog would react. The woman mentioned to me right at the gate that their older dog had become more aggressive since they got the puppy because she was protecting her. They kept their dogs on the leashes and didn't want any of the other dogs to come over and sniff their dogs and they got more nervous and more aggressive as the minutes went on. This was the owners that were nervous and aggressive. The man was yelling, tried to kick my dog (!) and was getting between my dog and his so that my dog couldn't sniff. He was yelling at me to get my dog, etc. I took her out of the way to give them a minute to settle. When I thought they were settled I let mine off the leash again (remember this is a fenced in dog park where dogs get to run and play with each other). Again, the man got in between trying to protect his dog from mine. My dog is a hound dog - not a mean bone in her body. Anyway, when he was in between the dogs, he got bitten ( HIS dog was the one behind him - not mine). He was then yelling at me and threatening me, and his wife was really mad because I wasn't "sorry" he was bitten!!! I've learned never to apologize to strangers for something you didn't do because they could take it as an admission of guilt. I don't REACT to anything - I only respond (my training as a coach). Later, after I left, they decided that it was MY dog that bit him and I received two citations AND my dog has to be quaranteened for 10 days at OUR expense (not something we can afford right now). There were three other people in the dog park who spoke up as witness for me. These people's behavior was absolutely bizarre!! They arrived as bullies at the school ground looking for a fight, so they created one.
I am not too worried about the court date. I have three witnesses (they fabricated one, but all three of the people there will testify that no one else was there). I'm pretty sure I can prove that my dog is not the one that bit him, and I'm going to ask that that actually be the court's decision instead of deciding that he can't be 100% sure which dog bit him. ALL of us were watching him because of his juvenile behavior and because he didn't have control of his dogs.
So, here's my question. Can I sue after the court dates for my kennel fees and emotional distress? This is my "child" that is being taken out of my home and now I'M probably going to be the one afraid to take my dog to the dog park for a long time!!! Believe me, there's some distress!!!!
1 Answer from Attorneys
As a general rule, courts will consider a request for damages for emotional distress in this type case as frivolous.
And before you plan to contest the case, as that could escalate your fine and even result in loss of your dog, get a lawyer.