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Julia M. Swanson et al.v.Jessica Tackling et al.

CourtCourt of Appeals of Georgia
Docket No.A15A2378
DecidedFebruary 24, 2016
Reporter335 Ga. App. 810; 783 S.E.2d 167
JudgesThird Division; Presiding Judge Ellington and Judges Dillard and McFadden; Dillard authored
Tags
CivilTort LawPremises LiabilityNegligenceSummary JudgmentReversal
Case Summary

In this interlocutory appeal, dog owners Julia and Dave Swanson challenged the denial of summary judgment in a personal-injury action after their dog bit a visiting child. Under Georgia’s dangerous-animal and premises-liability rules, the claim required evidence of a prior incident showing the dog’s vicious propensity and the owners’ superior knowledge. The dog’s barking at the child and playful retrieval of toys did not establish a propensity to bite, and the record showed no prior bite or attack. The court also rejected a voluntary-undertaking theory because the child’s mother did not ask the Swansons to restrain the dog and they made no promise to do so. The Court of Appeals reversed the denial of the Swansons’ motion for summary judgment.

Opinion

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