The general rule used to be that a dog was entitled to its first bite and that any bite thereafter could mandate compensation to the victim of the bite. Times have change. The seminal decision Clark v. Joyner, 242Ga App 421, 422 - 423, 530 SE2d 45 (2000), which declared that henceforth in Georgia liability attaches to the owner of a vicious dog upon proof of superior knowledge of the dog’s vicious or dangerous temperament, not the issue of whether or not the dog has ever bitten in the past. Accord, Suppan v. Griffin, 238 GaApp 404, 406, 519 SE2d 22 (1999); Thurmond v. Saffo, 238 GaApp 687, 688, 520 SE2d 43 (1999). Further liability can arise from a dog being allowed to run free or be negligently supervised without a fence. O.C.G.A. § 51-2-7, titled “Liability of owner or keeper of vicious or dangerous animal for injuries caused by an animal”, was amended on July 1, 1995 to include a cause of action, reflecting the Georgia societal concern over vicious dogs being kept in the state, for violating any county “leash law”, based upon strict adherence to the growing societal intolerance to stray dogs or dogs running at large. All dogs have to be on an owner’s property, on a leash, or at heel: No exception.
Call Prater & Associates Now if you have been hurt by a dog: 770-253-7778
