Who Is Liable for Dog Bites Through Fences or Car Windows?
While a lot of dog attacks happen during walks or inside a home, others don’t. Some of the most surprising and legally complex cases involve bites that occur through fences or car windows. These incidents raise important questions about liability. If you or someone you care about is in this situation, talk to an Atlanta dog bite lawyer about insurance coverage and how to secure financial compensation.
Hidden Dangers and Owner Responsibility
A common misconception is that a dog owner cannot be held liable if their dog bites someone through a fence. Georgia law does not automatically excuse an owner simply because a barrier existed. Instead, liability often depends on whether the owner failed to exercise ordinary care in controlling the animal.
If a fence is poorly maintained, too low, or known to be ineffective at containing an aggressive dog, the owner may still be responsible. For example, if neighbors or delivery drivers have previously complained that the dog lunges or snaps through the fence, that history can be used to show the owner had knowledge of dangerous behavior. In Atlanta neighborhoods with shared walkways, alleys, or sidewalks close to private fencing, these claims are especially common.
It is also essential to recognize that dog bites can happen through car windows. These injuries occur in parking lots, drive-throughs, or on residential streets. Liability in these cases depends on who had control of the dog at the time of the incident.
When a driver allows their dog to hang its head out of an open window and the dog bites a pedestrian, cyclist, or another motorist, the driver may be held responsible for failing to restrain the animal. However, liability will likely turn on how restraint is defined in the applicable local ordinance. Many ordinances define restraint as being restrained in an enclosure. If the dog is only able to stick his head out of the window and bites, Georgia courts will likely view this as a dog properly secured. In that case the only was to win would be to find a prior aggressive act by the dog.
Provocation and Insurance Coverage
Dog owners and insurers frequently argue that the injured person provoked the dog by approaching the fence or vehicle. However, provocation must be significant and intentional to defeat a claim. Simply walking by a fence, knocking on a door, or standing near a car window is generally not enough to eliminate liability. Provocation is doing something to the dog that a reasonable person would know might elicit a bite. Pulling a tail or ears of the dog are classic examples.
An experienced Atlanta dog bite lawyer can counter these defenses using witness statements, animal control records, and expert analysis of the dog’s behavior.
In many fence-related cases, homeowners’ or renters’ insurance may cover the claim. For car window bites, coverage may come from homeowners’ insurance rather than auto insurance, depending on the facts. Compensation may include medical expenses, lost wages, pain and suffering, and future treatment for scarring or nerve damage.
Have you been healing from a bite sustained in a surprising way? Dog bite cases involving fences or car windows are fact-specific and often aggressively defended. Working with the knowledgeable team at Zagoria Neely Injury Attorneys ensures that evidence is preserved, liability is properly established, and insurance companies are held accountable. Contact us to schedule a confidential consultation.
