Can I Sue for a Dog Bite if There Was a Beware of Dog Sign?

Finding yourself on the receiving end of a dog bite can be a traumatizing experience. In such situations, it is natural to wonder about your legal options and whether you can hold the owner accountable for their dog’s actions. But what if there was a “Beware of Dog” sign present? Can you still sue for a dog bite?

While it can potentially serve as a factor in determining the owner’s knowledge of the dog’s aggression, it is not a foolproof defense. Understanding the legal ramifications and potential for legal action in cases involving dog bites is crucial for both dog owners and victims.

Let’s explore the complexities of suing for a dog bite when there is a “Beware of Dog” sign,  potential defenses, and the factors that can impact a victim’s ability to seek compensation. A dog bite lawyer in Atlanta can help you understand the specifics of your claim. 

Vicious Dog Law in Georgia

The law regarding dangerous animals which is defined in section 51-2-7 of the Georgia code. According to this code, If a person owns or possesses a dangerous or vicious animal and, due to negligent management or allowing the animal to roam freely, causes injury to another person who did not provoke the attack, the owner may be held responsible for damages.

To establish the animal’s dangerous propensity, it is enough to:

• Demonstrate that there was an ordinance by a city, county, or consolidated government requiring the animal to be leashed or kept under control
• The animal was not leashed or controlled at the time of the incident

Further, to have legal grounds to bring a case against a dog owner for a bite, you must also be able to show that:

• The dog is the cause of your injury
• You didn’t provoke the dog attack

It’s important to note that this provision does not apply to domesticated fowl, including roosters with spurs or domesticated livestock. A personal injury lawyer in Atlanta can evaluate the details of the incident to determine whether you have a valid legal claim.

Can I Sue if There Was a Beware of Dog Sign And a Dog Bit Me?

To alert people about the potential danger of dog bites, some homeowners choose to display “Beware of Dog” signs on their property. While these signs may serve as a deterrent to trespassers, their legal implications in limiting the homeowner’s liability are not straightforward.

In Georgia, in order for a person who has been bitten by a dog to seek compensation, they generally need to demonstrate that the dog’s owner had prior knowledge of the dog’s aggressive tendencies. This can be established in different ways, such as showing that the homeowner was aware of previous instances where the dog had snapped at people.

In such cases, an injury victim may try to use the presence of a “Beware of Dog” sign as evidence that the owner was aware of the dog’s aggressive nature and had displayed the sign as a warning to others.

A Beware of Dog Sign Does Not Provide Immunity From Lawsuits

Conversely, the dog’s owner can attempt to utilize the notice as evidence that he was cautious in warning others about the dog and, thus, should not be held responsible. A dog owner should not assume complete safety just because they post a sign alerting passers-by to the danger their pet poses.

People who stray onto someone’s property unintentionally can still sue the homeowner if they fail to secure the dog in a safe enclosure or otherwise confine it. In certain cases, trespassers injured by a vicious dog may still be able to hold the homeowner legally responsible.

A dog bite attorney in Atlanta can investigate and help hold a dog owner liable for injuries in many cases, even if a Beware of Dog sign was posted. 

Possible Defenses the Dog’s Owner May Use

In Georgia, two main defenses can be used to counter liability in dog bite cases.

The Victim Provoked The Dog

The first defense is provocation, which essentially states that if the victim provoked the dog in any way, the owner should not be held liable for any resulting injuries.

This defense relies on determining whether the victim’s actions were sufficient to provoke the dog and absolve the owner of responsibility.

The Bite Victim Was Trespassing

The second defense is trespassing. In general, owners are not liable for any injuries caused by their dog to a trespasser, even if they do not have a “Beware of Dog” sign posted on their property.

However, it is important to note that a property owner cannot deliberately encourage or sic their dog on a trespasser unless they reasonably believe that the trespasser intends to cause immediate bodily harm.

This concept ensures that property owners are responsible for preventing unnecessary harm while also protecting their property rights.

While provocation and trespassing are two primary defenses against liability in Georgia dog bite cases, it is important to recognize that other defenses might apply depending on the specific circumstances surrounding each case.

It is essential to consult with an Atlanta dog bite lawyer to accurately evaluate and strategize the most applicable defenses based on the facts of each individual case.

Contact an Experienced Dog Bite Lawyer for a Free Consultation

Dog bite injuries can be serious, resulting in expensive medical bills and lost wages. The presence of a “Beware of Dog” warning sign does not provide absolute immunity for dog owners, as it does not eliminate their liability in dog bite cases.

To navigate the complexities of dog bite cases and determine the best course of action, it is essential to consult with an experienced personal injury attorney specializing in dog bite cases, such as John Foy and Associates Personal Injury Law in Atlanta.

Contact us today for a free case evaluation. We can assess the details of your case and provide you with tailored legal guidance and representation so you can recover damages for your losses and move forward.