Legal eagles, how does it usually go when somebody’s dog attacks you—as far as suing the owner?

[Laelth]

2. The law on this subject varies considerably by state and local jurisdiction.

As always, when in doubt, consult a local attorney.

Here in GA, the general rule is that every dog gets one free bite. I.e. an owner is immune from suit if he or she has no reason to know that their dog has violent propensities. If the owner knows or should know that the dog has violent propensities (usually proven by the fact that the dog has bitten someone before), then a viable suit against the owner is possible (but you are right to suggest that it is useless to sue a defendant with no assets unless the owner's homeowner's insurance policy might cover the injury, and in most jurisdictions you need to see the actual insurance policy in order to make that determination.

Now, here's the wrinkle. In GA, if the bite occurs in a jurisdiction that has a leash law (a law that says it's illegal to have a dog on public property without a leash, and if the bite occurs on public property), and if the dog is not on a leash when the bite occurs, the one bite rule no longer applies, and the owner can be viably sued for the injury even if the owner does not have reason to know that the dog has violent propensities. This is the exact reason that some jurisdictions have passed leash laws. Even so, one must determine whether or not the defendant is judgment proof (i.e. no assets and no covering insurance) before filing suit would be useful.

That's what I can tell you, but, again, I must advise you to consult an attorney in your jurisdiction.

-Laelth