Articles Posted in Dog Bite Cases

Earlier this month, a state appellate court released an opinion in a Georgia dog bite lawsuit discussing the element of causation, as well as the type of evidence that a plaintiff must present to establish liability against an out-of-possession landlord. Ultimately, the court determined that the plaintiff failed to present any evidence indicating that her injuries were a foreseeable result of the defendant landlord’s negligence actions.

The Facts

According to the court’s written opinion, the plaintiff was on a walk with her dogs a few blocks from her home when two pit bulls approached her. The approaching dogs initially began to quarrel with the plaintiff’s dogs, but when the plaintiff tried to separate the animals one of the large dogs knocked her to the ground and began to attack her. Thankfully, a passerby called the police, and officers were able to stop the attack. However, the plaintiff sustained serious injuries as a result of the attack.

The plaintiff filed a personal injury lawsuit against the dogs’ owners. However, the plaintiff later added the landlord as an additional defendant, claiming that the landlord was negligent in failing to keep his property safe. This case involves the plaintiff’s case against the landlord.

Continue reading

Earlier this month, an appellate court issued an important opinion in a Georgia dog bite case discussing whether the plaintiff’s claim for punitive damages was supported by sufficient evidence to submit the claim to a jury. Translating the legalese, the Court of Appeals said that if there was a prior incident where the dog had been aggressive and the owner could not control it, then the victim in the second incident could have the jury consider punishment damages.

The Facts of the Case

The plaintiff agreed to take her son’s five-pound Yorkshire terrier to a local dog park. As the plaintiff approached the fenced-in dog park, she noticed that the defendant was in the park with her two dogs. The defendant’s dogs were 75 pounds and 40 pounds. Hesitant to let the dogs play together, the plaintiff asked the defendant when she was planning on leaving. The defendant just shrugged her shoulders.

The plaintiff waited outside the dog park for the defendant to leave. Eventually, the defendant leashed her dogs and began to exit the park. However, as she did so, the two dogs got away from her and attacked both the plaintiff and her son’s dog. The plaintiff was seriously injured as a result of the attack, and her son’s dog was killed. The plaintiff filed a personal injury lawsuit against the defendant, seeking punitive damages.

Continue reading