2021 Georgia Code
Title 51 - Torts
Chapter 2 - Imputable Negligence
§ 51-2-6. Liability of Owner or Keeper of Dog for Damage Done to Livestock While Off His or Her Premises

Universal Citation: GA Code § 51-2-6 (2021)

If any dog, while not on the premises of its owner or the person having charge of it, kills or injures any livestock, the owner or person having charge of the dog shall be liable for damages sustained by the killing or maiming of the livestock and for the full costs of action.

(Ga. L. 1865-66, p. 76, § 1; Code 1868, § 2914; Code 1873, § 2965; Code 1882, § 2965; Civil Code 1895, § 3822; Civil Code 1910, § 4418; Code 1933, § 105-111.)

Cross references.

- Liability of owner of dog which kills or injures livestock or poultry, § 4-8-4.

JUDICIAL DECISIONS

Owner is liable for certain acts of the owner's dog; thus, recognizing that the dog is property. Graham v. Smith, 100 Ga. 434, 28 S.E. 225, 62 Am. St. R. 323, 40 L.R.A. 503 (1897); Columbus R.R. v. Woolfolk, 128 Ga. 631, 58 S.E. 152, 119 Am. St. R. 404, 10 L.R.A. (n.s.) 1136 (1907).

Cited in Clinkscales v. Hammons, 159 Ga. App. 114, 282 S.E.2d 738 (1981); Mintz v. Frazier, 160 Ga. App. 668, 288 S.E.2d 24 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Animals, §§ 67, et seq., 75 et seq.

1D Am. Jur. Pleading and Practice Forms, Animals, § 118.

C.J.S.

- 3B C.J.S., Animals, § 354 et seq.

ALR.

- Validity, construction, and effect of statute eliminating scienter as condition of liability for injury by dog or other animal, 1 A.L.R. 1113; 142 A.L.R. 436.

Character and extent of claims for which lien on animal damage feasant attaches, 26 A.L.R. 1047.

Owner or keeper of trespassing dog as subject to injunction or damages, 107 A.L.R. 1323.

Contributory negligence, assumption of risk, or intentional provocation as defense to action for injury by dog, 66 A.L.R.2d 916.

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

Who "harbors" or "keeps" dog under animal liability statute, 64 A.L.R.4th 963.

Intentional provocation, contributory or comparative negligence, or assumption of risk as defense to action for injury by dog, 11 A.L.R.5th 127.

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