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Cornejov.Allen

CourtCourt of Appeals of Georgia
Docket No.A23A0052
DecidedMay 5, 2023
Reporter367 Ga. App. 618; 887 S.E.2d 679; 2023 Ga. App. LEXIS 194; 2023 WL 3264917
JudgesMCFADDEN, Presiding Judge. Brown and Markle, JJ., concur.
Tags
CivilDog Bite LawNegligenceKnowledge of Vicious PropensityStrict LiabilityAnimal InjurySummary Judgment
Case Summary

Efren Cornejo sued his neighbor after the neighbor's dog first bit him and then, the next day, charged at him again, causing him to fall and injure his shoulder while trying to escape. The trial court granted summary judgment on both strict-liability and negligence theories. The Court of Appeals of Georgia split the result. It affirmed dismissal of the strict-liability claim because Georgia does not impose strict liability on dog owners in these circumstances, but it revived the negligence claim. The court held that the first day's scratch-and-bite incident, which occurred in the owner's presence, created a genuine issue of fact about whether the owner knew of the dog's vicious propensity before the second-day charging incident.

Opinion

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