Georgia | Personal Injury
Legal Question
Am I liable for my dog bitting someone based on the following circumstances? We live in GA (Gwinnett County). Back in early June my dog, a 6LB 13yr old Yorkshire Terrier, somehow got out and ran away of course didn't have a leash on. This happened on a Friday evening around 5pm. I looked for her all night without any luck. The next day we posted signs in our community seeking information on the whereabouts of the dog. We received a call from a local subdivision resident who said she witnessed another fellow community resident grab the dog across from the subdivision on a very busy street. He put the dog in his truck and proceeded home. That happened Friday evening around 6pm. She gave us his address and we attempted to get the dog back. When we arrived at the home 2pm the woman said her son found the dog across the street and was bit by the dog when he picked her up. She explained that her son is at the hospital ER getting treatment to his left hand. However she didn't turn the dog over to us. I called the police to intervene and explained to the responding officer that they were holding our dog. The cop discussed the situation with the man who found the dog and was now home. He wanted to make sure the dog had all its vaccinations which it does (later provided to the man who found the dog). I received the dog back after I had to go into this guys house with the officer. The dog was held in a back room. Fast forward to August 13th and I received a letter demanding information pertaining to my homeowners insurance policy. The attorney states he represents the guy who was bitten. Unfortunately I am renting the house we currently occupy and don't personally have a homeowners policy.
The letter states that we violated the leash ordinance law.
Where do they go from here?
Circumstances: The guy found the dog on Friday evening. Claims he was bitten when he picked the dog up on the freeway. Why did the guy wait until Saturday afternoon to seek emergency room treatment. How do I know that the dog wasn't provoked to bit him in some way while they held the dog for almost 24 hours in their house? Why would anyone attempt to pick up a stray dog on the side of the road? Why didn't he take the dog to the nearest animal shelter or call the local pound? There are no witnesses that say he was bitten when he picked the dog up. When I went into his house to retrieve the dog with the officer the dog was loose and children where present. If this guy was worried about the dog bitting why would the dog be near his children? How do I defend something like this? Thx Tom


