Georgia

Summary: This Georgia involves an interlocutory appeal arising from a dog bite lawsuit. In 2016, Plaintiff Saulsbury was walking her English Bulldog past Defendant Wilson's house when Wilson's pitbull dog escaped its crate in the open garage. A fight ensued between the dogs. Wilson then attempted to break up the fight and was allegedly bitten by Saulsbury's dog, suffering a broken arm in the process and necessitating a course of rabies shots. The Saulsburys then sued the Wilsons in magistrate court to recover hospital and veterinary expenses. Wilson counterclaimed for her injuries in excess $15,000, thus transferring the case to superior court. At this time, the Saulsburys moved for summary judgment, which the trial court denied. The Court of Appeals here reverses that denial. The court found that Wilson assumed the risk when she intervened in a dog fight with her bare hands. In particular, the court observed that assumption of risk serves as a complete defense to negligence. That finding was bolstered by the fact that Wilson had knowledge that her dog had previously bitten other persons and had admitted to breaking up previous dog fights with a stick. The court relied on previous case law showing that all animals, even domesticated animals, pose a risk as does the act of breaking up even human fights. The court was not persuaded by the fact that Saulsbury may have been in violation of various DeKalb County ordinances related to an owner's responsibility to control his or her animal. A plain reading of those ordinances does not impose a duty on the part of an owner to "dangerously insert herself into a dog fight." The court found the lower court erred in denying the Saulsbury's motion for summary judgment and reversed and remanded the case.

Summary: Defendants appeal from an order granting a petition for recoupment of costs filed by Habersham County pursuant to OCGA § 4-11-9.8, and a separate order directing the defendants to pay $69,282.85 into the court registry in connection with the boarding, treatment, and care of 29 dogs that the Brambletts refused to surrender after the County seized over 400 animals from their property. In April 2017, over 400 animals were removed from the Bramblett's property and they were charged with over 340 counts of cruelty to animals under Georgia law. There were 29 animals that were not surrendered and were running loose on the property. The current petition for recoupment of costs here refers to the care for those 29 animals, which were later impounded. The Brambletts appealed that order, arguing that the trial court erred in granting the County's petition without providing notice under OCGA § 4-11-9.4. The appellate court disagreed, finding that the procedure in OCGA § 4-11-9.8 applied because the notice provisions of OCGA §§ 4-11-9.4 and 4-11-9.5 only apply when the animal has been impounded “under” or “pursuant to this article” of the Georgia Animal Protection Act. Here, the animals were seized under as part of an investigation of violations of OCGA § 16-12-4 so the notice provisions did not apply. As to defendants contention that the court erred by not considering the "actual predicted costs" of caring for 29 dogs and instead relying on a "formulaic calculation," the court also found no error. The judgment was affirmed.

Summary: This Georgia case involves a former police lieutenant who was indicted on two counts of aggravated cruelty to animals after he left his K-9 named Inka locked in his police vehicle while he attended to tasks inside his home. The dog died after being left inside the vehicle, which had all doors and windows closed with no A/C or ventilation running. The state appeals the trial court's grant of defendant's motion to quash the indictment. Specifically, the state argues that OCGA § 17-7-52 (a law that requires at least a 20-day notice prior to presentment of a proposed indictment to a grand jury when a peace officer is charged with a crime that occurred in the performance of his or her duties) is inapplicable. The state did not send defendant a copy of the proposed indictment before it presented the case to the grand jury. The state contends defendant "stepped aside" from his police-related duties and was therefore not afforded the protections of OCGA § 17-7-52. This court disagreed with that assessment. Since Peabody was responsible for the care and housing of Inka as her K-9 handler, leaving her unattended, albeit in an illegal manner, was still in performance of his police duties. As such, Peabody was entitled to the procedural protections of the statute according to the appellate court. The trial court's motion to quash his indictment was affirmed.

Summary: This Georgia states that except as otherwise provided in this Code, any person may lawfully possess native wildlife which have been accidentally killed by a motor vehicle. However, the person taking possession of a bear accidentally killed by a motor vehicle shall notify a law enforcement officer within 48 hours after taking possession of the bear; and this Code section shall not authorize any person to take possession of any animal of a species designated as a protected species under Article 5 of this chapter or under federal law.

Summary: In this case, Gary and Lori Steagald sued the Eason family, alleging that the Easons failed to keep their dog properly restrained and were therefore liable under OCGA § 51-2-7. Lori Steagald suffered injuries after the Easons dog attacked her while she was visiting the Easons home. The Easons filed a motion for summary judgment on the basis that they had no reason to know that the dog was vicious or dangerous and therefore were not liable under the statute. Both the trial court and Court of Appeals affirmed the motion for summary judgment. On appeal, the Supreme Court of Georgia reversed the lower court’s decision. Ultimately, the Supreme Court of Georgia found that the Eason family was liable under the statute because they did have reason to believe that the dog could potentially be vicious or dangerous. The Court focused on the fact that the dog had previously “growled and snapped” at the Easons while being fed. The Court held that although the dog had never bit anyone prior to Lori Steagald, it was reasonable to assume that the dog could potentially bite and injure someone given the fact that it had a history of snapping and growling. As a result, the Court reversed the Easons motion for summary judgment and determined that the question of whether or not the Easons are liable under the statute is a question for the jury. 

Summary: While pet sitting for Defendants Bruce and Jodi Smith, Plaintiff Josephine Gilreath was attacked and injured by the Smiths' rooster, which caused a serious infection with long-term consequences. Plaintiff Gilreath filed suit, but the trial court granted summary judgment in favor of the Defendants on the ground that Gilreath assumed the risk. Gilreath appealed to the Court of Appeals of Georgia. The Court of Appeals affirmed the trial court and reasoned that Gilreath assumed the risk of injury based on the state statutes of owners of land under OCGA § 51-3-1, as keepers of a vicious or dangerous animal under OCGA § 51-2-7, and as required by a Roswell city ordinance. The Court reasoned that at prior pet-sittings at the Defendants home, Gilreath had been warned that the rooster would attack and that a garbage can lid was useful for controlling the rooster. Second, Gilreath has not raised an issue of fact regarding whether the Smiths had superior knowledge of the risks associated with the danger. Gilreath, a professional pet sitter with at least nine years of experience, admitted that she had a responsibility to educate herself about the animals she takes care of yet she failed to do so for roosters. Third, Gilreath admitted that she chose to take the job knowing that she had been told that the rooster would attack. Gilreath also contends that the Smiths violated a Roswell city ordinance, but she failed to introduce a certified copy of the ordinance and thus failed to prove this claim.

Summary: In this case, Michael Holcomb filed a civil action against Charles Long alleging that Long’s negligence in saddling one of the horses that he owned resulted in Holcomb falling from the horse and suffering serious injuries. The trial court granted summary judgment in favor of Long holding that he was entitled to civil immunity under Georgia’s Injuries From Equine or Llama Activities Act. Holcomb appealed the trial court’s decision arguing that Long’s negligence was not covered by the act. The court of appeals reviewed the case and affirmed the trial court’s decision. The court of appeals determined that the issue with the saddle that caused Holcomb to fall did not fall under any of the exceptions under the Act that would allow Long to be civilly liable. As a result, the court of appeals affirmed the grant of summary judgment for Long.

Summary: In 2012, Plaintiffs Robert and Elizabeth Monyaks took their dogs Lola and Callie, for ten days to a kennel owned by Defendants Barking Hound Village, LLC (“BHV”) and managed by William Furman. Callie, had been prescribed an anti-inflammatory drug for arthritis pain. However, three days after picking up their dogs from BHV, Lola was diagnosed with acute renal failure and died in March 2013.The Monyaks sued BHV and Furman for damages alleging that while at the kennel Lola was administered toxic doses of the arthritis medication prescribed for Callie. BHV and Furman moved for summary judgment on all the Monyaks' claims asserting that the measure of damages for the death of a dog was capped at the dog's fair market value and the Monyaks failed to prove that Lola had any market value. The Court of Appeals concluded that the proper measure of damages for the loss of a pet is the actual value of the dog to its owners rather than the dog’s fair market value. The court stated that the actual value of the animal could be demonstrated by reasonable veterinary and other expenses incurred by its owners in treating injuries, as well as by other economic factors. However, evidence of non-economic factors demonstrating the dog's intrinsic value to its owners would not be admissible. The Supreme Court of Georgia reversed in part and held that the damages recoverable by the owners of an animal negligently killed by another includes both the animal's fair market value at the time of the loss plus interest, and, in addition, any medical and other expenses reasonably incurred in treating the animal. The Supreme Court reasoned that “[t]he value of [a] dog may be proved, as that of any other property, by evidence that he was of a particular breed, and had certain qualities, and by witnesses who knew the market value of such animal, if any market value be shown.” The Supreme Court also affirmed the Court of Appeals in part and found no error in the court's determination that Georgia precedent does not allow for the recovery of damages based on the sentimental value of personal property to its owner.

Summary: This is an interlocutory appeal by the dog owners (the Swansons) in a personal injury lawsuit for a dog bite. The court in this case overruled the lower court’s ruling that the defendant was not entitled to summary judgement after defendant’s dog bit a child but the dog had never shown a propensity to injure anyone prior to the incident. Plaintiff was suing defendant after defendant’s dog bit plaintiff’s child on the arm and head. Plaintiff argued that defendant is responsible for the injuries caused by the dog because the defendant neglected to properly restrain the dog. The court reversed the lower court’s decision and held in favor of defendant, stating that there was no evidence that was presented to indicate that defendant could have or should have known that the dog would act in this way towards the child. In order to prevail, the plaintiff needed to present evidence that the dog had acted in a similar way in the past.

Summary: A county police officer failed to securely fasten her police dog’s portable kennel; the dog escaped as a result and attacked an 11 year old boy. The father of the boy sued the county police officer, alleging that she failed to restrain the dog. The officer moved for summary judgment on the ground of official immunity. The trial court denied her motion and the appeals court affirmed that decision. On issuing a writ of certiorari, the Supreme Court of Georgia reviewed the case. As a county police officer and dog handler, the Court stated the officer was responsible for the care and maintenance of the dog at all times, even when she was not working. For that reason, the allegation that she failed to secure the dog outside her home concerned her performance of an official function and was presumptively entitled to official immunity—with two exceptions to that presumption. Since the father had not contended that the officer acted with malice or with intent to injure anyone, the issue was whether the officer acted with negligence in the performance of a ministerial function. Since the county had not given the officer specific directions about the extent to which the dog should be restrained and since a generalized duty of care stated in a state statute and county ordinance was not enough to amount to a ministerial duty, the Supreme Court reversed the Court of Appeals’ decision.