Earlier this month, the Georgia Supreme Court issued an opinion in a Georgia dog bite case requiring the court to discuss and clarify the law when it comes to an owner’s liability for injuries caused by his dog. Under the specific facts presented in the appeal, the court concluded that the plaintiffs did present sufficient evidence that the defendants’ dog did have a dangerous propensity of which the defendants were aware. As a result, the court held that summary judgment in favor of the defendants was not proper.
The Facts of the Case
The plaintiffs and the defendants were neighbors. The defendants’ adult son moved back into their home and brought his dog, Rocks, with him. Rocks was at the defendants’ home for about two weeks when the defendants noticed he was acting aggressively. On one occasion, Rocks snapped at the defendant wife as she tried to feed him. On another occasion, Rocks growled at the plaintiff’s husband when he was visiting the defendants.
The following week, the plaintiff’s wife came over to visit the defendants. Rocks was in the backyard and not in his kennel, although he was on a leash. When the plaintiff wife entered the yard, Rocks charged at her, lunged, and latched onto her leg, causing serious injuries.