While walking on someone else’s property in Atlanta without their permission, your child was suddenly attacked and bitten by their dog. The child’s injuries may be severe, resulting in costly medical bills, lost future income, and substantial pain and suffering. Victims are entitled to compensation from dog owners after an attack in many cases. This is true even if the child was trespassing on the dog owner’s property at the time of the attack.
5 Ways a Dog Owner May Be Liable for a Dog Bite Despite Trespassing
While pursuing a claim for compensation after a dog bite is more difficult if trespassing is involved, you should still consult with an experienced attorney who can assess the facts and circumstances surrounding your child’s case. Generally, dog owners can be held liable after a bite if at least two of the following conditions are met:
- The dog is vicious.
- The dog is dangerous.
- The owner of the dog knew that his or her dog was dangerous or vicious prior to the attack.
- The dog was not properly cared for.
- The dog owner was allowing the animal to roam free, in violation of local leash laws.
However, since the child was trespassing when bit, you must overcome additional
legal hurdles in order to successfully pursue a claim. Property owners
in Georgia typically do not owe a duty of care to trespassers. However,
children under a certain age in Georgia are considered to be unable to
determine trespass, and therefore the dog owner may still be liable. Alternatively,
the dog owner may still be liable if you can show that there was an attractive
nuisance on the property at the time of the attack, such as a swimming
pool without a fence around it.
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