Georgia landlord liability for dog bites
A landlord or land owner in Georgia is required to keep his property safe for visitors to the extent established by two key statutes, one of which has been interpreted to make him liable for dog bite injuries.
OCGA 51‑3‑1 states: “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.” This has been interpreted to impose liability for negligence in keeping just the common areas of the premises safe, the “common areas” being defined as those parts of the premises to which all tenants and others are allowed access. OCGA 51-3-1 was held to impose liability upon a landlord that knew a dog was dangerous, after it bit a child in a common area of the apartment building.
On the other hand, the landlord is not responsible for unsafe conditions in those parts of the property of which he has divested himself of control. His duties toward visitors are limited to proper construction and repair of the premises, pursuant to OCGA sec. 44‑7‑14, which states: “Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.”
Furthermore, he cannot be held liable unless he had knowledge that the attacking dog was indeed dangerous.
Call us at 678.324-8511;
E-mail us at info@lawrencelegal.law; or
Click here to schedule a consultation.
- Published in Dog Bite, Landlord-Tenant
Proving liability where the dog did not previously bite a person in Georgia
The “first bite free” rule is a misnomer, because the victim of a dog bite in Georgia is required to prove only that the owner or harborer knew that the dog had done something which would indicate that it had the dangerous tendency to bite people. So the doctrine and the Georgia dog bite statute can apply to cases where there was no bite but where the owner or harborer should have known the dog was vicious.
In cases where the dog bit somebody while running loose in violation of a leash law, the statute makes the dog owner legally liable if the accident was caused by the owner’s careless management or allowing the dog to go at liberty. First, the victim must prove the condition state in the second sentence of section 51-2-7, which says, “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 the city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash.” For example, the local law might state that all dogs must be confined on the premises of the dog owner or must be on a leash when not on the owner’s premises. Next, the victim must show that the accident was caused by the owner’s “careless management or … allowing the animal to go at liberty.” An example of careless management would be the failure to close a door through which the dog could escape. An example of allowing the animal to go at liberty would be the practice of letting children in the household routinely take the dog outside to play, without a leash. Thus, liability for a dog bite can be based on the violation of a leash law combined with careless management or allowing the dog to go out without a leash.
Interestingly, Georgia is the only State that gives the negligence per se doctrine such significance. Also, it is the only state that puts a “trimmed down” version of the traditional negligence per se doctrine into its dog bite statute. An example of liability under this part of the Georgia statute would be where the dog owners routinely allow their dog to go outside without a leash, in violation of a local animal control law which required all dogs to be leashed, and one day the dog runs up the block and bites a small child playing in a neighbor’s driveway. That accident would put liability squarely on the shoulders of the dog owners, for violating the animal control law. In other states, the victim would be required to go outside the statute and prove the various elements of negligence per se, but the Georgia statute includes the elements as part of the statute.
Call us at 678.324.8511;
E-mail us at info@lawrencelegal.law; or
Click here to schedule a consultation.
- Published in Dog Bite
GEORGIA ATTORNEY DISCUSSES DOG BITES AND ANIMAL ATTACKS
According to the Centers for Disease Control, more than 4.7 million people fall victim to dog bites and/or attacks.
In most cases it’s the family dog that is doing the biting but not always. Over hundreds of thousands of children and adults fall victim to dog bites from their neighbors pets annually. If you are one of those unfortunate to be injured by an animal bite there are steps that you need to do to help build your case. Make sure to be able to identify the animal that bit you. If you are not able to identify this animal and get it caught and tested then you may have to go through a series of vary painful rabies vaccinations. Make sure to get the name, address and telephone number of the person who owns the animal along with any witnesses. Make sure to get medical attention and to keep track of your medical bills and your treatment. Also make sure that you take photographs of the wounds if possible. Request the owners home or renter’s insurance information. You may be entitled to compensation for your medical bills, pain and suffering and other expenses. Therefore, it is crucial for you to follow all of these steps. Make sure that you do not sign anything until you have had a chance to discuss the matter with your attorney . If you have been bitten by an animal in the state of Georgia contact the us by Scheduling a Consultation.
Under Georgia law, an owner of a dog that bites someone can be held to a higher standard if a county or city leash law was violated at the time of the bite. Always check to see if there are any leash laws or regulations for the location of the dog bite incident.
Here are a few other items that can help to build a credible case:
- Talk to the animal’s veterinarian
- Obtain a copy of the animal’s medical history
- Investigate the scene
- Obtain obedience school records
- Obtain Animal Control records
- Obtain police reports
We can help you receive just compensation for your physical injury, lost wages, future medical costs, and all other associated expenses.
We are here to help if the animals owner fails to accept responsibility for their animal attack. If you want to ensure that you get the compensation you deserve, someone who understands the complicated pitfalls of dangerous animal law should be consulted.
If you are a victim of a dog bite or animal attack, you should speak with us to learn more about preserving your rights and remedies. Our attorneys will be able to apply the law, explain the value of your case and help you navigate through the complicated legal process.
To discuss the specifics of your case:
Call us at 678.324-8511;
E-mail us at info@lawrencelegal.law; or
Click here to schedule a consultation.
- Published in Dog Bite, Personal Injury