Atlanta Personal Injury Lawyer Blog

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.

Last week, two pit bulls combined to go in for the kill on a horse in Gwinnett County.  Somehow, the pit bull dogs were able to enter into the corral on the premises of a Buford area home.  The owner, Barbara Horrobin, advised that her horse underwent over four hours of suturing the wound from injuries to the neck, throat and armpit.  Horrobin stated that “[i]t was gruesome.”

I am not surprised at seeing yet another pit bull attack in Georgia.  The pit bull breed is still a popular choice among Georgia residents.  The more pit bulls in an area, the higher likelihood of an attack.

In this case, the pit bulls were prowling for a victim off their owner’s land and attacked without being provoked, teased or physically touched in any way.  Can you imagine if the two pit bulls went after a young child or baby?  It would most likely have led to the death of a human.