2021 Georgia Code
Title 51 - Torts
Chapter 2 - Imputable Negligence
§ 51-2-7. Liability of Owner or Keeper of Vicious or Dangerous Animal for Injuries Caused by Animal
A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash. The foregoing sentence shall not apply to domesticated fowl including roosters with spurs. The foregoing sentence shall not apply to domesticated livestock.
(Orig. Code 1863, § 2907; Code 1868, § 2913; Code 1873, § 2964; Code 1882, § 2964; Civil Code 1895, § 3821; Civil Code 1910, § 4417; Code 1933, § 105-110; Ga. L. 1985, p. 1033, § 1.)
Cross references.- Vicious dogs, T. 4, C. 8, Art. 3.
Care and confinement of wild animals, T. 27, C. 5.
Law reviews.- For annual survey article on tort law, see 52 Mercer L. Rev. 421 (2000). For survey article on law of torts, see 59 Mercer L. Rev. 397 (2007). For annual survey on law of torts, see 61 Mercer L. Rev. 335 (2009). For annual survey of tort law, see 68 Mercer L. Rev. 279 (2016). For note, "Is There (and Should There Be) Any 'Bite' Left in Georgia's 'First Bite' Rule?," see 34 Ga. L. Rev. 1343 (2000).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Knowledge
- Violation of Ordinances
- Domesticated Livestock
- Procedure
OPINIONS OF THE ATTORNEY GENERAL
Scope of section.
- This section relates to a civil action for damages for injury caused by a vicious or dangerous animal kept by its owner when the owner with knowledge of the viciousness of the animal negligently allows the animal to go at liberty. 1945-47 Op. Att'y Gen. p. 652.
Basis of liability.- If injury occurs to another by reason of the exercise of the vicious propensity of an animal, the owner will be held liable therefor, if the owner knew of the vicious character and negligently allowed such an animal to run at large. 1945-47 Op. Att'y Gen. p. 652.
Presumption of negligence.- When a person is injured by an attack of an animal which by nature is vicious, the negligence of the owner is presumed because the law recognizes that safety lies only in keeping such animals perfectly secure. 1945-47 Op. Att'y Gen. p. 652.
RESEARCH REFERENCES
Am. Jur. 2d.
- 4 Am. Jur. 2d, Animals, § 62 et seq.
Plaintiff's Negligence, Provocation, or Assumption of Risk as Defense in Dogbite Cases, 39 POF3d 133.
1D Am. Jur. Pleading and Practice Forms, Animals, § 98.
C.J.S.- 3B C.J.S., Animals, § 319 et seq., 340 et seq., 365 et seq.
ALR.
- Duty and liability of master to servant injured by horse belonging to master, 26 A.L.R. 871; 42 A.L.R. 226; 60 A.L.R. 468.
Character and extent of claims for which lien on animal damage feasant attaches, 26 A.L.R. 1047.
Constitutionality of "dog laws", 49 A.L.R. 847.
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.
Liability of owner of male animal who furnishes its service for breeding purposes, for damage inflicted during such services, 106 A.L.R. 1418.
Owner or keeper of trespassing dog as subject to injunction or damages, 107 A.L.R. 1323.
Owner's liability, under legislation forbidding domestic animals to run at large on highways, as dependent on negligence, 34 A.L.R.2d 1285.
Statutory liability for physical injuries inflicted by animal as surviving defendant's death, 40 A.L.R.2d 543.
Liability for injury to property inflicted by wild animal, 57 A.L.R.2d 242.
Contributory negligence, assumption of risk, or intentional provocation as defense to action for injury by dog, 66 A.L.R.2d 916.
Liability of landlord to tenant or member of tenant's family, for injury by animal or insect, 67 A.L.R.2d 1005.
Law as to cats, 73 A.L.R.2d 1032; 8 A.L.R.4th 1287.
Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show, 80 A.L.R.2d 886.
Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 A.L.R.2d 1161.
Liability for injury or damage caused by bees, 86 A.L.R.2d 791.
Master's liability to agricultural worker injured other than by farm machinery, 9 A.L.R.3d 1061.
Liability for injury or death of child social guest, 20 A.L.R.3d 1127.
Owner's or keeper's liability for personal injury or death inflicted by wild animal, 21 A.L.R.3d 603; 92 A.L.R.3d 832; 66 A.L.R. Fed. 305.
Liability of owner of dog known by him to be vicious for injuries to trespasser, 64 A.L.R.3d 1039.
Animals as attractive nuisance, 64 A.L.R.3d 1069.
Keeping bees as nuisance, 88 A.L.R.3d 992.
Governmental liability from operation of zoo, 92 A.L.R.3d 832.
Personal injuries inflicted by animal as within homeowner's or personal liability policy, 96 A.L.R.3d 891.
Liability of owner of dog for dog's biting veterinarian or veterinarian's employee, 4 A.L.R.4th 349.
Liability of owner or bailor of horse for injuries by horse to hirer or bailee thereof, 6 A.L.R.4th 358.
Measure, elements, and amount of damages for killing or injuring cat, 8 A.L.R.4th 1287.
Liability of person, other than owner of animal or owner or operator of motor vehicle, for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 132.
Liability of owner or operator of vehicle for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 159.
Liability of owner of animal for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 29 A.L.R.4th 431.
Liability to adult social guest injured otherwise than by condition of premises, 38 A.L.R.4th 200.
Liability for personal injury or death caused by trespassing or intruding livestock, 49 A.L.R.4th 710.
Modern status of rule of absolute or strict liability for dogbite, 51 A.L.R.4th 446.
Cat as subject of larceny, 55 A.L.R.4th 1080.
Who "harbors" or "keeps" dog under animal liability statute, 64 A.L.R.4th 963.
Liability of owner or operator of business premises for injury to patron by dog or cat, 67 A.L.R.4th 976.
Liability for injuries caused by cat, 68 A.L.R.4th 823.
Landlord's liability to third person for injury resulting from attack on leased premises by dangerous or vicious animal kept by tenant, 87 A.L.R.4th 1004.
Landlord's liability to third person for injury resulting from attack off leased premises by dangerous or vicious animal kept by tenant, 89 A.L.R.4th 374.
Intentional provocation, contributory or comparative negligence, or assumption of risk as defense to action for injury by dog, 11 A.L.R.5th 127.
Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show, 68 A.L.R.5th 599.
Personal Injuries Inflicted or Caused by Animal as Within Homeowner's or Personal Liability Policy, 51 A.L.R.7th Art. 3.
Liability of United States, under Federal Tort Claims Act (28 USCS secs. 1346, 2671 et seq.), for death or injury sustained by visitor to national park or national forest, 66 A.L.R. Fed. 305.
