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Georgia
Dog Bite Law
TITLE
51. TORTS
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CHAPTER
2. IMPUTABLE NEGLIGENCE
O.C.G.A.
§ 51-2-7 (2002)
§
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.
HISTORY:
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.
NOTES:
HISTORY
OF SECTION. --The language of this section is derived in part from
the decision in Conway v. Grant, 88 Ga. 40, 13 S.E. 803 (1891).
CROSS
REFERENCES. --Care, confinement, etc., of wild animals, Ch. 5, T.
27.
LAW
REVIEWS. --For annual survey article on tort law, see 52 Mercer
L. Rev. 421 (2000).
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
DECISIONS
ANALYSIS
General
Consideration
Knowledge
Violation
of Ordinances
Domesticated
Livestock
Procedure
GENERAL
CONSIDERATION
THIS
SECTION IS BUT A RESTATEMENT OF COMMON LAW. Rodriguez v. Newby,
131 Ga. App. 651, 206 S.E.2d 585 (1974).
The
1985 amendment of this section, substituting "may" for "shall" in
the first sentence, brought the amount of statutory liability more
in line with the liability imposed by the common law, since it did
not purport to change the "first bite" rule, but rather supported
the limited protection of the rule for pet owners by removing an
inflexible strict liability standard. Hamilton v. Walker, 235
Ga. App. 635, 510 S.E.2d 120 (1998).
SECTION
IS NOT AN EXCLUSIVE BASIS FOR RECOVERY WHEN INJURY IS CAUSED BY
DOMESTIC ANIMAL. Callaway v. Miller, 118 Ga. App. 309, 163 S.E.2d
336 (1968).
CAUSE
OF ACTION FOR ATTACK BY ANIMAL. --The owner of a vicious or dangerous
animal, who allows the same to go at liberty, is liable to one who
sustains injury as a result of the vicious or dangerous tendency
of the animal only in the event that the owner knows of its vicious
or dangerous character. Flowers v. Flowers, 118 Ga. App. 85,
162 S.E.2d 818 (1968); Sutton v. Sutton, 145 Ga. App. 22,
243 S.E.2d 310 (1978).
Under
this section, which is but a restatement of the common law, to support
an action for damages for injuries sustained by being bitten by
a dog, it is necessary to show that the dog was vicious, and that
the owner had knowledge of this fact. Hays v. Anchors, 71 Ga.
App. 280, 30 S.E.2d 646 (1944); McCree v. Burks, 129 Ga.
App. 678, 200 S.E.2d 491 (1973).
An
owner of a domestic animal who allows it to go at liberty is liable
under this section to one who sustains injury as a result of the
vicious or dangerous tendency of the animal only in the event the
owner knows of its vicious or dangerous character. Starling v.
Davis, 121 Ga. App. 428, 174 S.E.2d 214 (1970).
In
order for a party to recover, it must appear that the animal had
a propensity to do the act which caused the injury and that the
defendant knew of it. McCree v. Burks, 129 Ga. App. 678, 200
S.E.2d 491 (1973); Pearce v. Shanks, 153 Ga. App. 693, 266
S.E.2d 353 (1980).
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CAT
AND DOG BITE CASES TREATED SAME. --There is no authority for the
assertion that cat bite cases should be treated differently than
dog bite cases. Fellers v. Carson, 182 Ga. App. 658, 356 S.E.2d
658, cert. denied, 182 Ga. App. 910, 356 S.E.2d 658 (1987).
CITED
in Phillips v. Cleveland, 31 Ga. App. 206, 120 S.E. 639 (1923);
Sinclair v. Friedlander, 197 Ga. 797, 30 S.E.2d 398 (1944);
Rutherford v. Underwood, 84 Ga. App. 624, 66 S.E.2d 768 (1951);
Thomas v. Richardson, 129 Ga. App. 834, 201 S.E.2d 653 (1973);
Gordon v. Dawson, 146 Ga. App. 784, 247 S.E.2d 596 (1978);
Rines v. Harris, 18 Bankr. 666 (Bankr. M.D. Ga. 1982); Smith
v. Culver, 172 Ga. App. 183, 322 S.E.2d 294 (1984); McBride
v. Wasik, 179 Ga. App. 244, 345 S.E.2d 921 (1986); Goodman
v. Kahn, 182 Ga. App. 724, 356 S.E.2d 757 (1987); Gilbert
v. Hudspeth, 182 Ga. App. 898, 357 S.E.2d 601 (1987); Pickard
v. Cook, 223 Ga. App. 595, 478 S.E.2d 432 (1996); Bakhtiarnejad
v. Cox Enters., Inc., 247 Ga. App. 205, 541 S.E.2d 33 (2000).
KNOWLEDGE
DOG'S
DANGEROUS CHARACTER AND OWNER'S KNOWLEDGE THEREOF. --Under this
section the dog's dangerous character is at issue totally apart
from the issue of the owner's knowledge of his dangerous character,
therefore, while the expert's report concluding that the dog was
dangerous or potentially dangerous could not be relevant to the
issue of knowledge because it was issued after the attack on the
plaintiff, the fact that the dog was declared dangerous or potentially
dangerous three weeks after the attack were relevant to whether
the dog had dangerous propensities at the time of the attack. Torrance
v. Brennan, 209 Ga. App. 65, 432 S.E.2d 658 (1993).
LACK
OF KNOWLEDGE OF VICIOUS AND DANGEROUS CHARACTER. --If owner does
not know of vicious and dangerous character of his animal, he will
not be liable for injury which is not usual and natural consequence
to be anticipated from allowing an ordinary animal of that kind
to go at large. Flowers v. Flowers, 118 Ga. App. 85, 162 S.E.2d
818 (1968).
UNFORESEEN
AND UNFORESEEABLE ACTS OF DOG. --Owner of dog may not be found liable
for unforeseen and unforeseeable act of dog simply because dog was
not under owner's direct control at the time the act took place.
Fitzpatrick v. Henley, 154 Ga. App. 555, 269 S.E.2d 60 (1980).
PROOF
OF SCIENTER REQUIRED. --Under this section, it is still necessary,
as at common law, to show not only that the animal is vicious or
dangerous, but also that the owner or keeper knows of this fact.
Harvey v. Buchanan, 121 Ga. 384, 49 S.E. 281 (1904).
Scienter
is a necessary and a material fact which must be shown before there
can be any finding of liability under this section. Chandler
v. Gately, 119 Ga. App. 513, 167 S.E.2d 697 (1969); McCree
v. Burks, 129 Ga. App. 678, 200 S.E.2d 491 (1973); Banks
v. Adair, 148 Ga. App. 254, 251 S.E.2d 88 (1978).
Proof
of scienter is essential to a suit under this section. Johnson
v. Hurt, 120 Ga. App. 761, 172 S.E.2d 201 (1969).
Proof
that the owner of a dog either knew or should have known of the
dog's propensity to do the particular act which caused injury to
the complaining party is indispensable to recovery against the owner.
Fitzpatrick v. Henley, 154 Ga. App. 555, 269 S.E.2d 60 (1980);
Stanger v. Cato, 182 Ga. App. 498, 356 S.E.2d 97 (1987).
The
size of a dog, its breed, and the fact that its owner keeps it restrained,
does not establish any inference that the owner knows the dog to
be dangerous. Freeman v. Farr, 184 Ga. App. 830, 363 S.E.2d 48
(1987).
SCIENTER
REQUIREMENT IS NOT SATISFIED BY DOG OWNER'S USE OF A RESTRAINING
CHAIN, OR POSTING OF "BEWARE OF DOG" SIGN. Banks v. Adair, 148
Ga. App. 254, 251 S.E.2d 88 (1978).
CHAIN
RESTRAINT MAY NOT BE SUFFICIENT. --The simple fact that a dog is
restrained on a chain may not be sufficient to establish the owner
is free from liability for "careless management" under this section.
Freeman v. Farr, 184 Ga. App. 830, 363 S.E.2d 48 (1987).
OWNER
IS NOT RESPONSIBLE FOR ACTS OF DOG IF THERE IS LACK OF SCIENTER.
Banks v. Adair, 148 Ga. App. 254, 251 S.E.2d 88 (1978).
Where
there is a lack of scienter even the breach of a leash law is not
sufficient to hold the owner responsible for the acts of the dog.
Turner v. Irvin, 146 Ga. App. 218, 246 S.E.2d 127 (1978);
Fitzpatrick v. Henley, 154 Ga. App. 555, 269 S.E.2d 60 (1980).
KNOWLEDGE
OF PROPENSITY TO PARTICULAR HARM REQUIRED. --It is not enough for
liability under this section that the possessor of the animal know
of a propensity to do harm in one or more specific ways; it is necessary
that he have reason to know of its propensity to do harm of the
type which it inflicts, Carter v. Ide, 125 Ga. App. 557, 188
S.E.2d 275 (1972); Penick v. Grimsley, 130 Ga. App. 722,
204 S.E.2d 510 (1974); Banks v. Adair, 148 Ga. App. 254,
251 S.E.2d 88 (1978); Rowlette v. Paul, 219 Ga. App. 597,
466 S.E.2d 37 (1995); Clark v. Joiner, 242 Ga. App. 421,
530 S.E.2d 45 (2000).
KNOWLEDGE
MAY BE ACTUAL OR CONSTRUCTIVE. --To support a recovery a plaintiff
must show either actual or constructive knowledge by the defendant
of the animal's danger to others. Flowers v. Flowers, 118 Ga.
App. 85, 162 S.E.2d 818 (1968); Starling v. Davis, 121 Ga.
App. 428, 174 S.E.2d 214 (1970).
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KNOWLEDGE
PRESUMED IN CERTAIN CASES. --While this section does not set out
how knowledge of the vicious nature of the animal may be acquired,
under the common law this knowledge is presumed to exist when the
animal involved belongs to a certain class of animals ferae naturae,
such as lions, tigers, bears, wolves, baboons, apes, and monkeys,
etc. Candler v. Smith, 50 Ga. App. 667, 179 S.E. 395 (1935).
When
a person is injured by an attack of an animal ferae naturae, the
negligence of the owner or keeper thereof is presumed, because of
the dangerous and ferocious propensities of a wild beast, such as
a lion, tiger, leopard, bear, ape, baboon, and such wild beasts,
and the law recognizes that safety lies only in keeping such animals
perfectly secure. Candler v. Smith, 50 Ga. App. 667, 179 S.E.
395 (1935).
A
propensity on the part of a dog to bite people is not one of the
instincts common to the species of which every owner must be presumed
to have notice. Starling v. Davis, 121 Ga. App. 428, 174 S.E.2d
214 (1970).
WHAT
CONSTITUTES KNOWLEDGE OF ANIMAL'S DANGEROUS NATURE. --In order to
constitute notice to an owner or keeper of an animal's vicious or
dangerous nature, there should be an incident or incidents which
would put a prudent man on notice to anticipate the event which
occurred. A single incident may not adequately place a person on
notice. The test should be whether the one incident was of such
nature as to cause a reasonably prudent person to believe that the
animal was sufficiently dangerous as to be likely to cause an injury
at a later time. Sutton v. Sutton, 145 Ga. App. 22, 243 S.E.2d
310 (1978).
If
a dog has "friendly" intentions but has habits which because of
its size or other characteristics make it dangerous, then it seems
that such behavior should be controlled. However, it is necessary
that the owner, as previously pointed out, have knowledge of the
pattern of the animal's dangerous behavior before he can be held
for failure to control the animal. Flowers v. Flowers, 118 Ga.
App. 85, 162 S.E.2d 818 (1968).
SUFFICIENT
EVIDENCE OF DOG'S VICIOUS PROPENSITY. --By presenting evidence that
defendant's animal was required to be on a leash by an ordinance
of the applicable governmental body and that the animal was not
on a leash at the time of the occurrence, plaintiff presented sufficient
evidence to prove the vicious propensity of defendant's dog under
this Code section. The
trial court erred by granting summary judgment in defendant's favor
based upon uncontroverted evidence that defendant had no knowledge
of his dog's vicious propensity. Fields v. Thompson, 190 Ga.
App. 177, 378 S.E.2d 390 (1989).
Defendant
pet-owner's statement to another, about three months before defendant's
dog bit plaintiff, asking that person "to do whatever was necessary
. . . to keep the dogs from attacking. . ." raises genuine issues
of material fact as to defendant's prior knowledge of the dogs'
tendency to attack humans. Supan v. Griffin, 238 Ga. App. 404,
519 S.E.2d 22 (1999).
KNOWLEDGE
OR NOTICE THAT DOG WILL BEHAVE FEROCIOUSLY TOWARD OTHER ANIMALS
IS NOT NECESSARILY NOTICE THAT IT WILL ATTACK HUMAN BEINGS. Carter
v. Ide, 125 Ga. App. 557, 188 S.E.2d 275 (1972); Banks v.
Adair, 148 Ga. App. 254, 251 S.E.2d 88 (1978).
Knowledge
of attacks on other animals, combined with the confinement by defendant
of his dog, is not sufficient to show defendant's knowledge of the
dog's vicious tendencies and therefore to create liability under
this section. Carter v. Ide, 125 Ga. App. 557, 188 S.E.2d 275
(1972).
DOG'S
MENACING BEHAVIOR ALONE IS SUFFICIENT TO APPRISE ITS OWNER OF ANIMAL'S
VICIOUS PROPENSITIES. Banks v. Adair, 148 Ga. App. 254, 251 S.E.2d
88 (1978).
MENACING
BEHAVIOR DOES NOT ESTABLISH VICIOUS PROPENSITY. --A dog's barking
and growling amount, at most, to menacing behavior, and menacing
behavior does not establish vicious propensity under this section.
Durham v. Mooney, 234 Ga. App. 772, 507 S.E.2d 877 (1998).
KNOWLEDGE
OF FROLICSOME AFFECTION DIRECTED SOLELY TO OWNERS. --An owner's
knowledge of a dog's frolicsome affection which is directed solely
towards the owners is not such knowledge of a pattern of dangerous
behavior as to put a reasonably prudent person on notice that the
animal may cause injury by displaying such behavior towards another
at a later date. Marshall v. Person, 176 Ga. App. 542, 336 S.E.2d
380 (1985).
FACT
THAT DOG OWNER INVITED OR ALLOWED NEIGHBOR TO PET HIS DOG did not
make him liable for the neighbor's subsequent dog bite injuries,
where the owner had no prior knowledge, either actual or constructive,
that the dog would bite the neighbor. Durham v. Mooney, 234 Ga.
App. 772, 507 S.E.2d 877 (1998).
ADEQUACY
OF OWNER'S MANAGEMENT AND CONTROL. --A new trial was authorized
where material fact issues existed as to the adequacy of an owner's
management and control of her dog. Evans-Watson v. Reese, 188
Ga. App. 292, 372 S.E.2d 675 (1988).
Even
if defendant's dog were vicious or dangerous, genuine issues of
material fact existed as to whether defendant was careless in his
management of the dog and whether plaintiff exercised reasonable
care for his own safety, where the dog was chained in an area accessible
only by stepping over a 28" high guardrail and which was not an
area where people would normally pass. Hackett v. Dayton Hudson
Corp., 191 Ga. App. 442, 382 S.E.2d 180 (1989).
GUARD
DOGS. --The scienter requirement applies in the case of a dog specifically
purchased and used for guarding commercial property. Wade v.
American Nat'l Ins. Co., 246 Ga. App. 458, 540 S.E.2d 671 (2000).
VICTIM'S
KNOWLEDGE OF DOG'S AGGRESSIVE TENDENCIES. --Trial court properly
granted summary judgment to dog owners in dog bite case in light
of the evidence of the victim's equal or superior knowledge of the
dog's aggressive tendencies and assumption of the risk in petting
the dog. Durham v. Mason, 256 Ga. App. 467, 568 S.E.2d 530 (2002).
VIOLATION
OF ORDINANCES
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VIOLATION
OF MUNICIPAL ORDINANCE NOT NECESSARILY SCIENTER. --The fact that
a mad dog is at large in violation of the municipal ordinance imposing
a penalty upon its owner does not alter the rule that scienter must
be shown. Langford v. Eskedor, 30 Ga. App. 799, 119 S.E. 431
(1923).
VIOLATION
OF LOCAL ORDINANCE. --By presenting evidence that defendant's dog
was required by ordinance to be on a leash and that the dog was
not on a leash at the time of the occurrence, plaintiff presented
sufficient evidence to prove the vicious propensity of the dog under
this section. Oertel v. Chi Psi Fraternity, 239 Ga. App. 147,
521 S.E.2d 71 (1999).
VIOLATION
OF LEASH LAW WAS IRRELEVANT UNDER FORMER PROVISIONS. --In the absence
of any evidence showing that the owners of a dog had knowledge,
prior to a mauling incident, that their dog had ever bitten another
human being, the owners of the dog were not liable to the victim
even though the dog's presence on the premises where the incident
occurred was in violation of the county leash law. Brown v. Pierce,
176 Ga. App. 787, 338 S.E.2d 39 (1985).
DOG
NOT CONFINED AS REQUIRED BY ORDINANCE. --Defendants' dog was not
"confined within the property limits of his owner or custodian,"
as required by a county ordinance, where, although the animal may
have been physically within the boundaries of defendants' property
at the time it bit plaintiffs' son, it had broken loose from its
chain. Tutak v. Fairley, 198 Ga. App. 307, 401 S.E.2d 73 (1991).
When
a dog's owner allowed the dog to run free inside his house, including
having access to doors leading outside the house, a genuine fact
issue was present as to whether the dog was allowed to roam free
in violation of a local ordinance. Johnston v. Warendh, 252 Ga.
App. 674, 556 S.E.2d 867 (2001).
DOMESTICATED
LIVESTOCK
BULLS,
STALLIONS, AND RAMS. --The law does not regard bulls, stallions,
and rams as being abnormally dangerous animals, but rather as animals
routinely kept for stud purposes, so that the particular danger
involved in their dangerous tendencies has become a normal incident
of civilized life. Taft v. Taft, 209 Ga. App. 499, 433 S.E.2d
667 (1993).
INJURIES
BY RUNAWAY HORSE. --The owner of a runaway horse is generally liable
for injuries caused by him. Phillips v. Dewald, 79 Ga. 732, 7
S.E. 151, 11 Am. St. R. 458 (1887).
KNOWLEDGE
THAT HORSE HAS THROWN RIDER DOES NOT SHOW PROPENSITY TO KICK. Carter
v. Ide, 125 Ga. App. 557, 188 S.E.2d 275 (1972).
PROCEDURE
SUFFICIENCY
OF PLEADINGS. --It is not sufficient to allege that the defendant
knew or should have known that his dog was vicious, but facts showing
knowledge, either actual or constructive, must be alleged. Hays
v. Anchors, 71 Ga. App. 280, 30 S.E.2d 646 (1944).
Where
plaintiff did not allege that dog had ever made an attack on anyone
prior to the time it injured her, or had ever given defendant cause
to suspect that it might be vicious, except that it belonged to
the breed of dogs known as German police dogs, and did not allege
that the defendant was the owner of the dog, or that she ever had
the dog under her personal supervision or control, petition did
not set out a cause of action for damages sustained by plaintiff
when bitten by the dog. Hays v. Anchors, 71 Ga. App. 280, 30
S.E.2d 646 (1944).
Petition
alleged that the plaintiff was employed by the defendant, and that
she was bitten by dog on entering the premises, and that defendant
did not furnish plaintiff with a safe place to work, in that keeping
the dog endangered her life and safety while she was in the performance
of duties incident to her employment. Where no facts were alleged
to show that the defendant had knowledge that the dog was vicious,
or that it would be unsafe for the plaintiff to work in the house
with the dog present, the petition failed to set out a cause of
action because of failure to allege facts showing the defendant
knew, or should have known of the danger. Hays v. Anchors, 71
Ga. App. 280, 30 S.E.2d 646 (1944).
Where
in an action for damages it is alleged that the plaintiff was bitten
and injured by a dog kept by the defendant, that the dog was vicious
and accustomed to bite mankind which was known to the defendant,
the allegations are sufficient as against a general demurrer (now
motion to dismiss). Greene v. Orr, 75 Ga. App. 673, 44 S.E.2d
273 (1947).
Where
a petition alleges that defendant wrongfully and injuriously did
keep a certain dog which he knew was used and accustomed to attack
and bite mankind, and that he negligently and carelessly managed
said dog in that he permitted the dog to go at liberty knowing the
character of said dog and that the dog was vicious and that the
defendant knew that it was vicious, the ferocious character of the
dog and knowledge of the owner were sufficiently alleged as against
a demurrer (now motion to dismiss). Greene v. Orr, 75 Ga. App.
673, 44 S.E.2d 273 (1947).
KNOWLEDGE
CAN DEFEAT SUMMARY JUDGMENT. --Affidavit by the mother of a dog-bite
victim that the dog's owner told her that "she knew something like
this would happen" was admissible, and was evidence sufficient to
preclude summary judgment for defendants. Johnson v. Kvasny,
230 Ga. App. 162, 495 S.E.2d 651 (1998).
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JURY
INSTRUCTIONS. --Where there was proof going to show that the plaintiff,
at the time she was injured by reason of the horse running over
her, was standing upon a sidewalk in a city, and one of the acts
of negligence charged by the petition was the alleged driving of
the horse upon the sidewalk, in violation of a city ordinance, and
such ordinance was admitted in evidence without objection, it was
not error for the court to charge upon the validity and legal effect
of the ordinance, even though the evidence indicated that the driving
of the horse on the sidewalk was unintentional on the part of the
driver, where the court expressly instructed the jury that, if such
act was unintentional, it would constitute no violation of the ordinance.
Clackum v. Bagwell, 40 Ga. App. 831, 151 S.E. 689 (1930).
JURY
QUESTION. --In an action for injuries to the plaintiff by a bull
of the defendant, the questions of the viciousness of the bull,
and the negligence of the defendant are questions for the jury.
Van Harlengen v. Bearse, 26 Ga. App. 473, 106 S.E. 306 (1921).
Where
a private zoo owner opens his private zoo for viewing without any
charge to the public, it is a question for the jury whether the
act of the defendant's employee in removing a chimpanzee from its
cage complied with that degree of care required by this section.
Palmer Chem. & Equip. Co. v. Gantt, 123 Ga. App. 703, 182
S.E.2d 492 (1971).
While
a previous attack would not necessarily be required to say there
is a jury issue on the question of knowledge that a dog had a propensity
to attack human beings, at least some form of menacing behavior
would be. Carter v. Ide, 125 Ga. App. 557, 188 S.E.2d 275 (1972).
Evidence
that the dog's owner knew that the dog had tried to attack another
person and had scolded the dog for this behavior was behavior evidence
such that the jury should have been allowed to determine whether
the owner should have anticipated the subsequent successful attack
on plaintiff. Thurmond v. Saffo, 238 Ga. App. 687, 520 S.E.2d
43 (1999).
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
where he with knowledge of the viciousness of the animal negligently
allows the same 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 he 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. --Where 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, §
91 et seq.
C.J.S.
--3A C.J.S., Animals, § 177
et seq.
ALR.
--Duty and liability of master to servant injured by horse belonging
to master, 26 ALR 871; 42 ALR 226; 60 ALR 468.
Character
and extent of claims for which lien on animal damage feasant attaches,
26 ALR 1047.
Constitutionality
of "dog laws", 49 ALR 847.
Liability
of owner or occupant of premises for injury to person thereon by
dog not owned or harbored by former, 92 ALR 732.
Liability
of owner of male animal who furnishes its service for breeding purposes,
for damage inflicted during such services, 106 ALR 1418.
Owner
or keeper of trespassing dog as subject to injunction or damages,
107 ALR 1323.
Owner's
liability, under legislation forbidding domestic animals to run
at large on highways, as dependent on negligence, 34 ALR2d 1285.
Statutory
liability for physical injuries inflicted by animal as surviving
defendant's death, 40 ALR2d 543.
Liability
for injury to property inflicted by wild animal, 57 ALR2d 242.
Contributory
negligence, assumption of risk, or intentional provocation as defense
to action for injury by dog, 66 ALR2d 916.
Liability
of landlord to tenant or member of tenant's family, for injury by
animal or insect, 67 ALR2d 1005.
Law
as to cats, 73 ALR2d 1032; 8 ALR4th 1287.
Liability
for injury inflicted by horse, dog, or other domestic animal exhibited
at show, 80 ALR2d 886.
Liability
of owner of horse to person injured or killed when kicked, bitten,
knocked down, and the like, 85 ALR2d 1161.
Liability
for injury or damage caused by bees, 86 ALR2d 791.
Master's
liability to agricultural worker injured other than by farm machinery,
9 ALR3d 1061.
Liability
for injury or death of child social guest, 20 ALR3d 1127.
Owner's
or keeper's liability for personal injury or death inflicted by
wild animal, 21 ALR3d 603; 92 ALR3d 832; 66 ALR
Fed. 305.
Liability
of owner of dog known by him to be vicious for injuries to trespasser,
64 ALR3d 1039.
Animals
as attractive nuisance, 64 ALR3d 1069.
Keeping
bees as nuisance, 88 ALR3d 992.
Governmental
liability from operation of zoo, 92 ALR3d 832.
Personal
injuries inflicted by animal as within homeowner's or personal liability
policy, 96 ALR3d 891.
Liability
of owner of dog for dog's biting veterinarian or veterinarian's
employee, 4 ALR4th 349.
Liability
of owner or bailor of horse for injuries by horse to hirer or bailee
thereof, 6 ALR4th 358.
Measure,
elements, and amount of damages for killing or injuring cat, 8
ALR4th 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 ALR4th 132.
Liability
of owner or operator of vehicle for damage to motor vehicle or injury
to person riding therin resulting from collision with domestic animal
at large in stree tor highway, 21 ALR4th 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 ALR4th 431.
Liability
to adult social guest injured otherwise than by condition of premises,
38 ALR4th 200.
Liability
for personal injury or death caused by trespassing or intruding
livestock, 49 ALR4th 710.
Modern
status of rule of absolute or strict liability for dogbite, 51
ALR4th 446.
Cat
as subject of larceny, 55 ALR4th 1080.
Who
"harbors" or "keeps" dog under animal liability statute, 64 ALR4th
963.
Liability
of owner or operator of business premises for injury to patron by
dog or cat, 67 ALR4th 976.
Liability
for injuries caused by cat, 68 ALR4th 823.
Landlord's
liability to third person for injury resulting from attack on leased
premises by dangerous or vicious animal kept by tenant, 87 ALR4th
1004.
Landlord's
liability to third person for injury resulting from attack off leased
premises by dangerous or vicious animal kept by tenant, 89 ALR4th
374.
Intentional
provocation, contributory or comparative negligence, or assumption
of risk as defense to action for injury by dog, 11 ALR5th 127.
Liability
for injury inflicted by horse, dog, or other domestic animal exhibited
at show, 68 ALR5th 599.
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 ALR Fed. 305.
USER
NOTE: For more generally applicable notes, see notes under the first
section of this subpart, part, article, chapter or title.
© 2003 The
Dog Bite Lawyer
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