Georgia Injury Law Blog

A two-year-old girl in Columbus is recovering after a ferocious dog bite involving a Rottweiler. Unfortunately, dog bite attacks are all too common today. As a personal injury attorney who has regularly handled dog bite cases, I know that these animal attacks often result in serious and permanent personal injury to the victims. There have been a number of dog bite incidents which have resulted in the wrongful death of the individual.

The attack occurred on Friday afternoon, when the toddler was walking home with her grandmother. She saw the dog behind a fence, and wanted to play with it. By the time the grandmother could reach the little girl, she had already opened the door, and was playing with the dog. The animal attacked her, leaving her with several bite wounds and ripping off part of her scalp. 

The toddler had to be rushed to the hospital, where doctors worked to reattach her scalp. She needed several skin grafts. She's also expected to require more surgery to sew more skin back on. Police don't expect to file any charges at this point. The dog has been taken into animal control’s custody.

Every year, approximately 4.7 million people suffer dog bites in the United States. Of these, one in six bites is serious enough to require hospitalization. Not surprisingly, children are the most frequent victims of dog bites in the US. Little children may lack an appreciation of the dangers that any animal can pose, and the result is often an attack that can leave a child traumatized, possibly for life. 

Posted By Robert Katz In Animal attacks , Dog Bite Cases and Issues | 0 Comments Permalink

New information by the Insurance Information Institute suggests that there has been an increase in the cost of dog bite claims over the past year. The average dog bite claim cost insurers about 5% more in 2010 compared to 2009. Dog bites often result in extremely serious personal injuries. Our office has handled a significant number of dog bite cases in the last 20 years. The injuries from these matters appear to be becoming more and more severe. This may be as a result of more individuals owning dogs for protection or certain breeds that are more likely to attack persons. As an Atlanta injury lawyer, I strongly support the need for obedience training for dogs when they are puppies. I believe this would greatly reduce the number of overall attacks.

The analysis of homeowners’ insurance data by the Insurance Information Institute found that the average cost of dog bite claims in the United States in 2010 was $26,166. That's an increase of 5.3% from $24,840 in 2009.   The cost of dog bite claims increased a staggering 37% between 2003 and 2010. 

There was a drop in the number of dog bite claims being filed. These dropped 4.9% from 16,586 claims in 2009 to 15,770 claims in 2010.

The Insurance Information Institute is attributing this increase in the size of dog bite claims to increased medical care costs. However, the bigger factor in the increase in dog bite claims costs over the past year has been the size of verdicts for plaintiffs. According to the Insurance Information Institute, the size of dog bite lawsuit verdicts going in favor of plaintiffs has actually risen well above the rate of inflation over the past year.

Besides, the data also suggests an increase in dog bite hospitalizations in the United States. For instance, a report in 2010 by the Agency for Healthcare Research and Quality indicated that there was an increase of nearly 100% in the number of Americans being hospitalized for dog bites over a 15-year period. In 1993, 5,100 persons had to be hospitalized after a dog bite. That number had increased to 9,500 persons in 2008.

The Atlanta dog bite attorneys at the Katz Law Firm represent persons injured in dog bite attacks around Atlanta and Georgia.

Posted By Robert Katz In Animal attacks , Dog Bite Cases and Issues | 0 Comments Permalink

A young boy waiting at the bus stop in southwest Atlanta had a miraculous escape after a dog bite attack by a pair of Rottweilers. The boy, who was about eight or nine years old was standing at the bus stop waiting for his bus, when the two dogs turned up and the dog bite attack occurred. Another child was also waiting at the bus stop, but managed to escape. Fortunately for the boy, a neighbor was able to scare the dogs away. As an Atlanta injury attorney, I have often found that dog bite attacks often result in extremely serious personal injuries.

Both of the dogs belonged to separate dog owners. Both the dog owners have been cited by the Fulton County Animal Control and the dogs have been removed from the neighborhood.

Children are the biggest victims of dog bites in Atlanta. According to the Centers For Disease Control And Prevention, approximately 4.5 million Americans suffer dog bites every year. Of these, one in five bites result in injuries that are serious enough to require medical attention. Among child victims of dog bites, the rate of injuries is highest in children in the age group of 5 to 9. Besides, children are much more likely to require medical attention after a dog bite.

Dog owners must take special care to socialize the dogs, in order to prevent attacks involving animals. Dogs must be properly trained, and specifically taught submissive behaviors. If you find it hard to train your canine, get professional help. Parents and caregivers must never leave young children or infants alone with dogs, even pet animals. Children, who are old enough to follow instructions must be taught responsible and safe behavior around dogs.  Children must be taught not to tease the animal, pull its tail or kiss it on the face. Children must also be taught never to disturb a dog that is sleeping, feeding or looking after its puppies.

The Atlanta dog bite lawyers at the Katz Law Firm represent injured victims of dog bites in the metro Atlanta region and across Georgia.

Posted By Robert Katz In Animal attacks , Dog Bite Cases and Issues | 0 Comments Permalink

A new study shows an increase in the numbers of people being hospitalized after suffering a dog bite. Statisticians from the Agency for Healthcare Research and Quality looked at dog bite data between 1993 and 2008. They found that the number of people who needed hospitalization after a dog bite actually grew by 86%.

In 1993, 5,100 people had to be rushed to the hospital after a dog bite, and that number ballooned to 9,500 cases in 2008. Every day, an approximate 856 Americans are forced to seek emergency treatment after a dog bite. Of these, an average of 26 are admitted to the hospital for treatment of their injuries.

Other findings from the study:

·        Elderly people and young children are the most frequent victims of dog bite. (No surprises there for Atlanta dog bite lawyers).

·        People in rural areas are much more likely to be hospitalized for dog bites, than those in urban areas.

·        Approximately, 50% of the people who were injured by dog bites, suffered skin infections.

·        58% suffered injuries that were serious enough to require skin grafts or stitches.

·        The average cost for a dog bite hospitalization was a staggering $18,200. That is approximately 50% higher than the average hospitalization bill for any other injury.

·        Interestingly enough, males were more likely to visit an emergency room for dog bites, than females.

·        Most of the victims of dog bites, who visited hospital emergency rooms, were below 44 years of age.

·        Dog bites were more frequent in the Midwest and the Northeast than in the West.

Posted By Robert Katz In Animal attacks | 0 Comments Permalink

Georgia Car Accident Linked to Dog Attack

Police in Henry County are looking for the owner of a pit bull linked to a fatal accident that killed a 14-year-old girl in McDonough. The tragedy unfolded when the girl identified as Miracle Parham, was walking to school earlier this week. She came across a pit bull on the road. The animal began to get aggressive with her, and the young girl backed out into the street. Just then, she was struck by a car, and sustained fatal injuries. 

Police will not be pursuing charges against the car driver, but they are actively looking for the owner of the pit bull. They have already spoken with neighbors in the area, and it seems that there are at least two persons in the vicinity who own aggressive pit bulls. In fact, these animals have, in the past, managed to claw their way out from under the fence, and run out onto the street where they intimidated passersby and children. Not surprisingly, both the owners now deny that the dog that chased Miracle belonged to them.    The investigation is focusing on these dog owners.

If the police manage to identify the owner of the dog here, he or she is likely to face criminal charges. However, it's still too early to say what these charges would include, since the investigation is still underway. Miracle’s family has already made it clear that they want the maximum charges to be filed against the owner of the dog. 

This should be a lesson to anyone who lives in a neighborhood with dogs. If you see a dog that has managed to escape from its yard, or is behaving aggressively, it's better to err on the side of caution and call Animal Control officers. You could just be saving someone's life.

The Atlanta auto accident lawyers at the Katz Law Firm represent injured victims of auto and car accidents in the metro Atlanta region and across Georgia.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

Insurers Concerned over Increase in Dog Bite Claims

Insurance companies are beginning to feel the bite as a nationwide increase in dog bite claims chews away at bottom lines. 

In 2009, there was an increase of 6.4% in the amount that insurers had to pay out to settle dog bite claims. Companies paid out $412 million to cover dog bite claims in 2009, compared to the previous year, when the payout was $387.2 million. The average dog bite claim in 2009 exceeded $24,000 for the third year in a row. The number of claims increased to 16,586 - an increase of 4.8%.

The situation is so bad many insurance companies are now declining to provide dog bite insurance coverage, as part of their homeowner's liability insurance coverage. Other companies agree to provide coverage if the owner agrees to send the dog to a behavior training school. Obviously, these increased payouts are hitting insurers where it hurts, and they are, in turn, increasing pressure on dog owners.

Insurers point to the fact that more and more states are enacting strict liability statutes for dog bites. While Georgia has a “one bite free “policy that allows dog owners to avoid liability for a first time bite by the dog, this is frequently overridden by local ordinances governing leash laws. For example, if Buster busts through the home fence or if the owner just lets him wander the neighborhood until dinnertime, then the owner is liable as a matter of law if Buster bites someone while off leash. Thirty-five states and the District of Columbia have strict liability statutes, under which a dog owner can be held liable if his animal attacks, regardless of whether he had knowledge of the dog’s vicious tendencies or not. These are the kind of laws that Atlanta dog bite lawyers have strongly supported. 

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

Douglas County Woman Has Surgery after Dog Bite Injuries

A woman, who sustained serious injuries after she was attacked by a trio of pit bulls in Douglas County had to undergo surgery this week. The 56-year-old woman was on a morning walk on Monday when she was attacked by the three pit bulls.

The three dogs were on the porch, and when the woman passed by, they jumped on her. It was a ferocious attack by all accounts, and the woman was knocked to the ground and mauled on her face and arms. Passersby used sticks and stones to try and beat the dogs off of her, but the woman suffered serious injuries. She was rushed to the hospital where she has now undergone surgery. However, she could be looking at a long recovery period ahead.

The owner of the three pit bulls was in New York, and had left the dogs in the care of a friend. It seems that the caretaker left the pit bulls unattended. Douglas County Sheriff's officials were able to nab one dog soon after the attack, and the second one later that evening. They have now confirmed that all three dogs are in custody.

No charges have been filed yet. According to Douglas County Sheriff's representatives, it is not yet clear who should be charged in the attack-the owner, the friend who was looking after the dogs, or both of them. The dogs are likely to be euthanized later in the week.

Dog bite claims must factor in any additional medical expenses that may be incurred in the future. For that, it is important to determine accurately the extent of the person's injuries. That may not be possible soon after the attack. For instance, a nerve injury could severely impact the victim’s quality of life and his or her ability to work.  These injuries may not be obvious soon after a bite.

Also, serious dog bite injuries to the face or neck can leave a person disfigured even after cosmetic surgery. The extent of disfigurement will only be evident after the patient has completed all medical treatment. That is why it's important that you don't rush to settle your dog bite injury claim before you can determine the extent of your injuries and losses.

The Atlanta dog bite lawyers at the Katz Law Firm represent injured victims of dog bites in and around the metro Atlanta area.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

The week from May 16 to May 22 is being commemorated as National Dog Bite Prevention Week nationwide. The Centers for Disease Control and Prevention is drawing attention to the fact that more than 1.4 million Americans suffer dog bites every year, a majority of them children.

One particular fact that the CDC wants to draw extra attention to this year, is that most people bitten by a dog have a pet dog in the household. That means your chances of being bitten are higher if you have a pet dog at home. In fact, according to the CDC, your chances of being involved in a dog bite increases with the number of dogs in your home.

It makes sense that people with little children at home should preferably have fewer numbers of dogs. It also makes sense that certain dog breeds are not suited to households with little children. If you're looking to buy a puppy, make sure that you talk to a professional about this decision. If you can find an animal behaviorist in your area, then consult one about the breed of dog that's suited your household.

The worst thing you could do is walk into a dog pound, and buy the first dog with dopey eyes you see. You need to know the dog's history and background. Many dogs that reach dog pounds have a history of abuse and violence. Atlanta dog bite lawyers would not recommend such dogs for homes with small children. It may sound cruel to the animal, but ultimately you must place the safety of your children first. In fact, such dogs are not recommended unless you're willing to spend the time and effort it takes to help a scared, stressed, and abused animal recover.

Once you have a dog, it's important to make time to train and socialize it. If you have no idea how to begin, seek help. The worst thing that you could do is chain your dog in the yard, or keep it confined in the four walls of your apartment with no interaction with others. As any Atlanta dog bite lawyer will tell you, these dogs are much more likely to bite.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

Macon Police Investigating Series of Dog Bites

Macon police have been investigating two separate dog bite incidents this week.

Both incidents occurred in South Macon. The first incident involved a man who was attacked by a pack of pit bulls. According to the man, he was walking along when the group of dogs attacked him with no provocation. Residents in the area were able to hear his cries for help, and respond. There is no information about the owner of the dog. By the time officers arrived at the scene, the dogs had disappeared, and officers were unable to trace them.

The second incident involved a seven-year-old girl who was bitten on the leg as she walked to her house. Fortunately for the girl, her mother and some children were at the scene, and they managed to help get the dog off her.

For a dog bite victim in Georgia, there's more than physical pain and emotional trauma to deal with. Depending on the severity of the attack, victims may suffer from injuries ranging from wounds and lacerations, to torn flesh and mutilated organs. There may be severe facial injuries, and these may require reconstructive surgery. Victims they also need help for the emotional trauma they suffer during an attack. This is especially so in case of children who are bitten by a dog in a severe attack. Post traumatic stress disorder (PTSD) after dog bites is not uncommon.

However, there may be more suffering for victims once they have managed to get the emergency medical attention they require. They will find that Georgia's dog bite laws tilt towards the owner of the dog. In most states, dog owners can be held liable for injuries inflicted by their animals on others, even if it was the very first attack involving the dog, and even if the owner had no way to expect or anticipate an attack. In Georgia however, dog owners may get away if it was the dog's very first attack, unless an Atlanta dog bite lawyer can show that the owner should have had sufficient knowledge of the animal’s tendencies toward an attack or if the owner is in violaton of a county leash law.

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An eight-year-old girl has suffered critical injuries in an attack involving two dogs outside her home in DeKalb County.

According to the Atlanta Journal-Constitution, Erin Ingraham was playing outside her home on Tuesday afternoon when she was approached by two Staffordshire Terriers. The dogs attacked her, and officers who responded to the scene had to use batons to pry the animals off the little child. The two dogs then attacked the officer, upon which the dog was shot and killed. The second dog ran away from the scene and was later captured by animal control officers.

The owner of the dog has been located and is likely to face charges. Erin suffered serious injuries that required vascular and plastic surgery. This has been a horrific attack by any standards, and we wish Erin a speedy and complete recovery. Unfortunately, it looks like Erin has a long recuperation period ahead of her. The next few weeks, or even months, are not going to be easy.

According to other reports, residents in the same neighborhood had been afraid for their safety from the aggressive behavior of the two dogs for a while now. One neighbor says that the dog attacked her cat as well as another person. In fact, the neighbors aren't even surprised that such a savage attack occurred.

Georgia's dog bite laws may not be as tough on owners of dogs involved in attacks, as in many other states where such attacks come under strict liability statutes. In Georgia, a dog in an attack must have a previous known history of aggressiveness or viciousness for the owner to be held liable. That doesn't mean that the dog must have been involved in a prior injury or attack. If the dog had been aggressive or displayed vicious tendencies in the past, and if the owner was aware of these, there could be grounds for recovery.

The Atlanta dog bite lawyers at the Katz Law Firm represent injured victims of dog bites and attacks in the metro Atlanta region, and around the state of Georgia.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

Wildlife lovers have been citing last week’s fatal orca attack at SeaWorld in Orlando as a prime example of the fact that wild animals deserve to be free, and not forced to be performing monkeys. However, as Atlanta injury lawyers who represent victims of dog bites, we have been more concerned about the fact that the killer whale in the attack here had been cited in at least two previous deaths

If you’ve missed the story, here’s the background. Tilikum, a killer whale at Orlando’s SeaWorld, dragged its trainer Dawn Brancheau into the water, killing her.  The 40- year-old trainer was rubbing the whale down after the show when it apparently grabbed her in its mouth, and thrashed her from side to side. Brancheau was dead before anyone else could get into the water. It’s not clear if she drowned or died from the thrashing.

Tilikum had been involved in at least two previous deaths at water parks. The first death occurred at a facility in British Columbia, when a trainer fell into the tank and was attacked by three whales, including Tilikum. The other tragedy involved a man who was found dead and draped around the whale’s back in the tank. He had either sneaked into the tank or fallen in.

While the attack has received a great deal of attention around the world, there are questions we must ask about the safely standards seen here. Tilikum’s previous attacks and his massive size was enough reason for SeaWorld to designate a limited number of trainers who could work with him. Brancheau was one of the few trainers at the facility who was allowed to handle him. Wouldn’t it have been better if he had been simply retired from his performing life?  We expect answers to these questions over time.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

Elderly Woman Escapes Injuries in Dog Attack in Marietta

An elderly woman, who was chased by a pair of pit bulls as she walked her dog outside her Marietta apartment building, was lucky enough to escape without any serious bites. The dogs are currently in the possession of Cobb County animal control officers.

According to the Atlanta Journal Constitution, the woman was walking her dog in the breezeway of her apartment complex when the two dogs began to chase her Jack Russell terrier. The woman tried to fight off the two dogs and in the process, sustained injuries to her nose and hands. The owner of the two dogs has handed them over to Cobb County animal control officers, and they are being tested for rabies.  The owner will likely be cited for failure to control his animals, having a vicious animal and for failure to have current rabies vaccination.

We can now expect a torrent of support from pit bull lovers who continue to insist that dog bite lawyers in Atlanta wrongly focus on these breeds as being particularly vicious. We will admit that we are dog lovers ourselves. We will also admit that other breeds of dogs are also likely to be involved in attacks. But there’s no denying that pit bulls are involved in more numbers of attacks than other breeds. There’s also no denying that many attacks involving pit bulls tend to be serious.

Regardless of the breed however, responsible dog ownership is the most essential factor in preventing these attacks.  In the case here, the dog owner was not even able to produce his animals’ rabies vaccination records. This is a prime example of poor and irresponsible dog ownership. Part of owning a dog is making sure that they are secure and leashed at all times, and that they are in safe enclosure through which they cannot escape. The dog must be exercised regularly and must have all his vaccinations on schedule.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

Elderly Lexington Couple Mauled to Death in Dog Attack

Mystery still surrounds the death of a retired professor and his wife, apparently from a vicious dog attack.

On Saturday, the mutilated bodies of retired UGA professor 77-year-old Luther Karl Schweder, and his wife 65-year-old Sherry were found near their home in Lexington. Preliminary autopsies showed that Sherry had died from dog bite injuries. Her husband's autopsy results are not yet available. But it's very likely that Luther Schweder also died from injuries in the dog attack.

The couple’s bodies were found on Saturday morning. Authorities are zeroing in on at least 11 dogs that were seen in the area where the bodies were found.

There have been no recent dog attacks in the area, and there is still no indication if the pack of wild dogs were someone’s pets. Sherry herself owned several dogs, although it's not believed that the dogs that attacked her were her own dogs. Sherry had apparently been out of the house looking for one of her dogs, and her husband apparently went out after her when she didn’t return.

According to the Atlanta Journal Constitution, the dogs were still around the dead bodies when the coroner arrived. As of now, there is still much mystery surrounding this tragedy.

Fatal dog bites may not be as common, but such attacks can be vicious. The dogs that attacked Schweder were mixed breeds, but generally, some breeds of dogs lseem to be more vicious and aggressive than others.

A dog bite attack has to be particularly vicious to result in death. Survivors, on the other hand, may be left with severe lacerations, and may require plastic surgery to restore their appearance.  As Georgia dog bite lawyers will tell you, some of these attacks can be brutal enough to leave victims with ripped scalps, severed ears and several other painful and disfiguring injuries. Besides, survivors may face life-long trauma from their experiences.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

A 4-year-old Rockland County boy, who was severely mauled in a dog bite attack, is looking at skin graft surgery to fix the injuries, as well as surgery to fox his ear. Nathaniel Stafford was attacked by a Labrador-pit bull mix that his family had been looking after for its owner. His mother found the boy with his head gripped in the dog’s mouth. The pit bull mix was shaking him violently.  The boy's mother pulled him away, and suffered a bite on her arm in the process.

By the time the terrifying ordeal had ended, much of Nathaniel's scalp had been ripped apart and his ear had been torn off. His stepfather picked up the ear, and put it in a bag to reattach in the hospital. The doctors have not been able to confirm whether they will be reattaching his ear, or if he will need to have a prosthetic ear attached.

Nathaniel is bound to be traumatized after the dog bite attack. Beside the serious head injuries and the mutilated ear, the boy also suffered throat lacerations. He is an animal lover, although how he will react to any dog from here on, is debatable. The dog’s owner meanwhile has agreed to have the dog which is currently being held in quarantine at an animal shelter, put down.

Some breeds of dogs seem to be more aggressive than others, although pit bull lovers will tell you that such allegations are an attempt to tar their reputation. Whatever the breed, owners are required to keep such dogs safely secured so they don’t pose a threat to other people. In Nathaniel's case, the family had been keeping the dog for a month for the dog's owners. There is no information yet on whether the dog has been involved in such attacks earlier.

Several cities in Georgia have enacted stronger legislation to prevent the incidents of dangerous attacks. The Leesburg City council has introduced legislation that will mark dogs that attack other domestic animals as dangerous. Owners will be required to register their dogs if they bite other domesticated animals.

As Georgia dog bite lawyers, we think more could be done to make the state's laws capable of protecting innocent victims. Current state laws in Georgia will only declare a dog as vicious when at least two separate bite attacks have taken place. As we see in little Nathaniel's case, a single attack can leave you with a lifetime of gruesome memories.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink

Dog in DeKalb County Attack Quarantined

The dog that attacked and bit an adult male and two children in a house in Lithonia, DeKalb County continues to be quarantined, while the victims have threatened legal action unless the pit bull is put to sleep. 

Maurice Jones has had to undergo treatment at the hospital for wounds sustained in the attack that occurred when the pit bull came chasing after two children, and into the yard of the house he was in. The dog apparently belonged to a neighbor, and although there has been no confirmation yet, it seems to have escaped through a broken down fence that separated the two houses. The two children who were also attacked, including a three-year-old child, sustained serious injuries, including head injuries.

New developments have confirmed that the owner of the house in which the dog bite attack took place had written to his neighbor a week before the incident, expressing concern over the fact that the fence was in a state of disrepair, and that the two dogs – there was another pit-bull raised in the house, besides the one involved in the attack – could break free. No charges have been filed yet, and the owner has expressed his remorse over the incident.

Remorse seems a little irrelevant when you have a three-year-old child whose head has been severely mauled by a pit bull that should never have been unleashed and out of its enclosure. This child has obviously been traumatized, and it's evident that there has been some negligence here which resulted in a known vicious breed of dog escaping and attacking perfectly innocent outsiders. 

Owners of pit bulls and other aggressive breeds of dogs are required to keep these secured, and on a leash. No matter what the provocation, for a pit bull to come rushing out of its enclosure ready to attack anything in its path, is completely unacceptable and gross negligence on the part of its owner.  A victim of a dog bite attack can be eligible for compensation for hospitalization and medical bills.  Extensive plastic surgery may be required to treat any disfigurement or scarring that often results in such animal attacks.   In such cases, an experienced Atlanta dog bite lawyer can help victims obtain the compensation they deserve for all the treatment expenses they may face not only in the immediate future, but also over the long term.

Posted By Lisa Siegel In Animal attacks | 0 Comments Permalink