2021 Georgia Code
Title 4 - Animals
Chapter 8 - Dogs
Article 1 - General Provisions
§ 4-8-4. Liability of Owner or Custodian for Damages Done to Livestock, Poultry, or Pet Animal by Dog

1. The owner or, if no owner can be found, the custodian exercising care and control over any dog which while off the owner's or custodian's property causes injury, death, or damage directly or indirectly to any livestock, poultry, or pet animal shall be civilly liable to the owner of the livestock, poultry, or pet animal for injury, death, or damage caused by the dog. The owner or, if no owner can be found, the custodian exercising care and control over any dog shall be liable for any damage caused by such dog to public or private property. The liability of the owner or custodian of the dog shall include consequential damages.
2. This Code section is to be considered cumulative of other remedies provided by law. There is no intent to eliminate or limit other causes of action which might inure to the owner of any livestock, poultry, or pet animal.

(Ga. L. 1969, p. 831, § 4; Ga. L. 2012, p. 1290, § 2/HB 685.)

The 2012 amendment, effective July 1, 2012, in subsection (a), in the first sentence, substituted "while off the owner's or custodian's property" for "goes upon the land of another and", substituted "livestock, poultry, or pet animal" for "livestock or poultry", and substituted "livestock, poultry, or pet animal for injury, death, or damage" for "livestock or poultry for damages, death, or injury" near the end, and added the second sentence; and, in the second sentence of subsection (b), substituted "eliminate" for "do away with" and substituted "livestock, poultry, or pet animal" for "livestock or poultry" at the end. See the editor's note for applicability.

- Provisions regarding liability of owner of dog which kills or injures livestock, § 51-2-6.

- Ga. L. 2012, p. 1290, § 6/HB 685, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to proceedings for the classification and registration of dogs which are pending on July 1, 2012, as well as to such proceedings which arise on or after July 1, 2012.

- For survey of developments in Georgia torts law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 247 (1981). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 180 (2012).

Situation where a trespassing dog kills or injures another domestic animal is specifically covered by this section. Kiser v. Morris, 156 Ga. App. 224, 274 S.E.2d 610 (1980).

- The rule as to scienter, or knowledge on the part of the owner of a vicious or dangerous propensity of the owner's dog, if one exists, has no application in view of the provisions of this section. Sullivan v. Goss, 133 Ga. App. 217, 210 S.E.2d 366 (1974).

Rule as to scienter, or knowledge on the part of the owner of a vicious or dangerous propensity of the dog, if one exists, has no application where this section does. Kiser v. Morris, 156 Ga. App. 224, 274 S.E.2d 610 (1980).

If a dog is wrongfully in the place where the dog does the mischief, the owner is liable, irrespective of prior knowledge by the owner of the dog's dangerous proclivities. Kiser v. Morris, 156 Ga. App. 224, 274 S.E.2d 610 (1980).

Dog is a domestic animal and the owner of a domestic animal is liable if such animals are wrongfully in the place where the animal does mischief even if the owner does not have notice. Kiser v. Morris, 156 Ga. App. 224, 274 S.E.2d 610 (1980).

- In an action to recover damages for injuries inflicted upon plaintiff's dog when the dog was attacked by defendant's dog, it was necessary for the plaintiff to prove that the owner of the dog knew of the dog's propensity to do the particular act which caused injury to the complaining party, since the fight was initiated in the public road and upon an easement adjoining defendant's house and culminated in defendant's front yard, which areas were not considered the "land of another." Mintz v. Frazier, 160 Ga. App. 668, 288 S.E.2d 24 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Animals, § 65 et seq.

- 3B C.J.S., Animals, § 330 et seq.

- Liability for killing dog to protect domestic animal or fowl, 10 A.L.R. 689.

Liability for damages due to dog interfering with travel in highway, 11 A.L.R. 270.

Liability of owner or occupant of premises for injury to person thereon by dog not owned or harbored by former, 92 A.L.R. 732.

Validity, construction, and effect of statute eliminating scienter as condition of liability for injury by dog or other animal, 142 A.L.R. 436.

Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show, 80 A.L.R.2d 886.

Dog owner's liability for damages from motor vehicle accident involving attempt to avoid collision with dog on highway, 41 A.L.R.3d 888.

Personal injuries inflicted by animal as within homeowner's or personal liability policy, 96 A.L.R.3d 891.

Liability for injuries inflicted by dog on public officer or employee, 74 A.L.R.4th 1120.