Atlanta Personal Injury Lawyer Blog

I recently settled another dog bite attack against an owner of an aggressive dog.  The dog owner (and dog) resided in The Country Club of the South – an upscale country club gated community in Johns Creek, Georgia.  My client is a UPS driver who had delivered packages to defendant’s home approximately 3-4 times prior to the attack- on these occasions; he did not see any dog or notice any dog warning signs on the property.  As with other dog bite cases, I mailed out letters to defendant’s surrounding neighbors to solicit information and instances of prior aggressive behavior from defendant’s dog prior to filing a lawsuit.

The Attack:  My client brought several packages up the driveway to defendant’s front door.  The front door had a glass window and my client did not need to press the doorbell as he could see the owner coming to the door. The defendant opened her door and two unleashed (violation of leash law) dogs came out and ran circles around my client.  Without provocation, the big dog (a German shepherd mix) jumped on my client and bit him several times on the arm and ankle leaving bloody puncture marks.  At the time of settlement, there were several small permanent scars on my client’s ankle.

Fulton County Animal Control:  Personnel from the County investigated the attack and wrote up a report.  Among other citations, the owner was cited for allowing her dogs to run at large while not under constraint and control of a competent person; violations under Fulton County and Johns Creek ordinances.  Typically, the city has the same dog ordinances as the county.

Recently, I settled a dog bite claim for $50,000.00 on behalf of a deserving client after filing suit in State Court of DeKalb County. The attack occurred in Waterford neighborhood which is located in Dunwoody – a suburb of Atlanta. The neighborhood was built back in the 1970s and has over several hundred homes. I consider it to be a large neighborhood. And, a lot of the neighbors own dogs – the majority of which are competent and responsible dog owners.

Our dog bite attack occurred back in the fall of 2018 and involved an unleashed grey/white male pit bull/Great Dane mix that had escaped through an open gate in the owner’s backyard. The dog immediately ran down toward the street and my client who at the time was walking her leashed two small dogs on the sidewalk. My client saw the pit bull and immediately picked up her smaller dog and attempted to walk away. However, the pit bull continued to circle her and my client was constantly moving in a circle to keep an eye on the pit. In the process of attempting to protect herself, she fell down upon the roadway. She was not sure if the pit had knocked her down or if she fell of her own accord onto her shoulder. When she attempted to get back on her feet off the ground, the pit started to bite her ankle when she was at her most vulnerable. The pit bit holes through her pant leg and socks and caused several dog puncture bite wounds to her ankle. My client was screaming from the pain but was able to get on her feet when the pit started to come back toward her to commence another attack.

My client was able pull out her pepper spray and sprayed the pit in the face which caused the pit to run back inside the fence of his owner. A fellow neighbor witnessed the attack and was able to close the fence door. Several drivers had stopped their cars in the roadway and witnessed the event – although, none got out to help. Allegedly, the owner of the pit was not home at the time of the attack and the pit had no previous history of attacks. DeKalb County Animal Services ordered that the pit be quarantined at home. Until there was confirmation of rabies vaccination for the pit, my client was on pins and needles.

Recently, I settled an outstanding lawsuit against an owner of an alleged “service” dog that was brought into a national chain of steakhouses in Greater Atlanta.  Nowadays, it is not surprising to see service dogs in retail stores, restaurants and other public spaces.  For my earlier post regarding “service” dogs and dog bites,  click here.

The backstory on our case is that the owner of the dog was on a trip from West Coast and passing through Georgia on her way to the East Coast with her friend.  Along for the ride was a mixed breed large male dog that growled at the hostess on the way into the restaurant and again at the manager of the restaurant on the way out after the attack.  Several other employees were also ready and willing to testify as what occurred after the dog bite.  Upon deposition, it was clear that the owner of the dog was a difficult and angry person.  There was no evidence available to indicate that the dog was involved in prior attacks/bites at people/animals prior to our claim.

My client was a young server at the restaurant and did not ask the defendant whether or not her dog was an authentic  and genuine “service” dog at the time of service pursuant to a mix of restaurant policy and nebulous law from a county/state perspective.  What actually constitutes a “service” dog is still up for debate from a city/county/state/national analysis and there are no clearly enforced guidelines to steer individuals/businesses in this regard.  In fact, anyone can do a Google search for a service dog vest for sale, buy it, and upon receipt place it on their dog with no questions asked.  The defendant later admitted during discovery that the dog was not a trained “service” dog and only wore (and did not earn a service vest – most likely, to discourage prospective questions when she brought her dog into public places of accommodation/service.

Over a year ago, a young vibrant 12-year-old little girl was walking and skipping in the street with her friends in her DeKalb County neighborhood at night.  At or around the same time and unbeknownst to her, a neighbor’s pit bull mix dog either pushed open a side door or gate and charged down the driveway and into the street toward the children.

Unfortunately, my 12-year-old client did not hear or see the pit bull until it was too late.  And the cries and shouts of her friends beforehand were wasted.  She turned, tripped and fell down upon the ground where she attempted to kick at the dog to protect herself to no avail.  The strength of the pit bull’s jaw leveraged down upon the victim, bit her to the bone and ripped a chunk of flesh from her lower leg.

The  adult male owner of the dog contended that the little girl provoked the dog to attack by kicking it in the street.  For what cogent reason a young child would kick a pit bull at night, the owner could only speculate.  Of course, the owner’s contention was a lie.

I have represented numerous innocent victims statewide throughout Georgia who have been forced to file lawsuits against dog owners who have adopted dogs from the humane society, no kill shelters, and county adoption centers.  The adopted dogs in these cases have caused vicious attacks on children and adults alike; frequently, with permanent injuries and scarring that will last a lifetime and cause mental pain and suffering.

Without fail, the defendant owner(s) or possessor(s) of dogs in these dog bite cases highlight in their deposition and trial testimony that they graciously and selflessly adopted these dogs as puppies, young dogs, or adult dogs in an attempt to tug at the heart strings of the jury and garner sympathy for the plight that they owners find themselves in the suit.

While the adoption centers provide a great service to dogs of past owners that cannot or will not care for their own pets, the centers do not guarantee the temperament, personality or safety of these dogs to future owners.  In fact, when you review the adoption contract language that new owners are required to read and sign prior to taking possession of the dog, you see that the new owner affirms that the adoption center provides no representation or guarantee as to the temperament of their new pet and further understands that dogs are unpredictable animals that will behave in unknown circumstances and factual scenarios.