Legal Question in Personal Injury in Georgia
Am I liable for my dog bitting someone based on the following circumstances? We live in GA (Gwinnett County). Back in early June my dog, a 6LB 13yr old Yorkshire Terrier, somehow got out and ran away of course didn't have a leash on. This happened on a Friday evening around 5pm. I looked for her all night without any luck. The next day we posted signs in our community seeking information on the whereabouts of the dog. We received a call from a local subdivision resident who said she witnessed another fellow community resident grab the dog across from the subdivision on a very busy street. He put the dog in his truck and proceeded home. That happened Friday evening around 6pm. She gave us his address and we attempted to get the dog back. When we arrived at the home 2pm the woman said her son found the dog across the street and was bit by the dog when he picked her up. She explained that her son is at the hospital ER getting treatment to his left hand. However she didn't turn the dog over to us. I called the police to intervene and explained to the responding officer that they were holding our dog. The cop discussed the situation with the man who found the dog and was now home. He wanted to make sure the dog had all its vaccinations which it does (later provided to the man who found the dog). I received the dog back after I had to go into this guys house with the officer. The dog was held in a back room. Fast forward to August 13th and I received a letter demanding information pertaining to my homeowners insurance policy. The attorney states he represents the guy who was bitten. Unfortunately I am renting the house we currently occupy and don't personally have a homeowners policy.
The letter states that we violated the leash ordinance law.
Where do they go from here?
Circumstances: The guy found the dog on Friday evening. Claims he was bitten when he picked the dog up on the freeway. Why did the guy wait until Saturday afternoon to seek emergency room treatment. How do I know that the dog wasn't provoked to bit him in some way while they held the dog for almost 24 hours in their house? Why would anyone attempt to pick up a stray dog on the side of the road? Why didn't he take the dog to the nearest animal shelter or call the local pound? There are no witnesses that say he was bitten when he picked the dog up. When I went into his house to retrieve the dog with the officer the dog was loose and children where present. If this guy was worried about the dog bitting why would the dog be near his children? How do I defend something like this? Thx Tom
3 Answers from Attorneys
First of all, no one should ever lease premises, especially if you own a dog, without buying renter's insurance. Had you spent the tiny premium (often $200 a year or less), they would have hired a lawyer to defend you and would have paid any claims.
There is no doubt under those facts that you are liable. It's your dog. You were negligent in letting him escape. He bit someone. Of course you must pay. That's clear.
You now will have to go to significant expense. You need a lawyer. It will be costly. And you will have to pay whatever settlement or verdict comes out of the case. If the lawyer is seeking less than a few thousand dollars, it may be cheaper to simply pay than fight. Defense costs in such cases will likely be in the tens of thousands of dollars.
Your first step now is to get a lawyer. Do NOT talk with the police, the other party, the insurer or the lawyer. Let your lawyer handle things.
And before you forget, get insurance. No one should be without it. You will spend more on this one case, just in legal fees, than a lifetime of insurance premiums.
Good luck.
Whether you are liable or not is a question of fact. I think you raise a number of facts that may provide for a defense. Regardless, you need to write to their attorney that you do not have insurance. You should not provide any other information.
As there is no coverage you will have to defend yourself by getting an attorney in the event there is a monetary demand. If a lawsuit is brought against you you will then need a lawyer. If the claim is made in small claims/magistrates court then you might be able to defend yourself, but you should consult with a lawyer before taking that step.
I would call the law schools and see if there is some free help.
Good idea to purchase insurance in the future!
Good luck.
All too often, I see individuals deal with opposing counsel pro se, and they actually make statements that constitute admissions that are used against the individual in formal legal proceedings. Accordingly, it would be a wise choice to seek the assistance of counsel and have counsel communicate with the other party. It may even facilitate the resolution of this matter.
Also, just for your knowledge, just because someone violates the leash law does not necessarily mean that such a person will be held "strictly liable" for any damages that occur. While strict liability is true for the case of a "dangerous dog" (as defined in O.C.G.A. � 4-8-21), it is not necessarily the case for all dogs.
Please feel free to contact me if you have any questions or need any assistance.
DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Consider it a good first step in your knowledge acquisition, but not legal advice. Indeed, any information I provide is based on the extremely limited facts you have given me, and new facts could substantially alter any answer I give. Just for the record, unless you live in Georgia, I am not licensed to practice law in your jurisdiction. In fact, my knowledge of laws is limited to Georgia. You should always consult with a local attorney about your situation.
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