Webb v. Danforth, 505 S.E.2d 860 (Ga. Ct. App. 1998). · Go Syfert
Webb v. Danforth, 505 S.E.2d 860 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
59 citation events (53 in the last 25 years) across 4 distinct courts.
Strongest positive: Peragallo v. W T Holdings (utahctapp, 2025-05-22)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 17 distinct citers.
discussed Cited as authority (verbatim quote) Peragallo v. W T Holdings
Utah Ct. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
a landlord's retention of the right to enter, inspect and repair is not inconsistent with a full surrender of possession to the tenant.
discussed Cited as authority (verbatim quote) Cecelia Boles v. Karen M. White
Me. · 2021 · quote attribution · 1 verbatim quote · confidence high
a landlord's retention of the right to enter, inspect and repair is not inconsistent with a full surrender of possession to the tenant.
discussed Cited as authority (quoted) SAVANNAH STATE UNIVERSITY FOUNDATION, INC. v. KONSHITERA LEWIS (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence low
a landlord's retention of the right to enter, inspect and repair is not inconsistent with a full surrender of possession to the tenant.
discussed Cited as authority (rule) Venetian Hills Apartments, LLC v. Marie Hughes, as Authorized Administrator for the Estate of George Hughes
Ga. Ct. App. · 2025 · confidence medium
Finally, that the landlord may have retained the right to enter the property for landlord-related purposes does not evidence such dominion and control of the premises so as to vitiate the landlord’s limited liability imposed by OCGA § 44-7-14 and replace it with the liability imposed by OCGA § 51-3-1, the premises liability statute[.] A landlord’s retention of the right to enter, inspect and repair is not inconsistent with a full surrender of possession to the tenant. 16 (Citation omitted; emphasis supplied.) Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998); Lemontree Prop…
discussed Cited as authority (rule) TYNER v. MATTA-TRONSCOSO (2×)
Ga. · 2019 · confidence medium
See also Steagald, 300 Ga. at 719 (quoting Sinclair v. Friedlander, 197 Ga. 797, 800 ( 30 SE2d 398 ) (1944), and noting that in the context of OCGA § 51-2-7, unless there is an ordinance permitting the statutory presumption against the dog owner, “knowledge must be shown ‘although the Code section (is) silent as to the necessity of its being shown’”); Custer v. Coward, 293 Ga. App. 316, 319 ( 667 SE2d 135 ) (2008) (“In a typical dog bite case, regardless of whether the cause of action is based on the premises liability statute (OCGA § 51-3-1) or the dangerous animal liability statu…
discussed Cited as authority (rule) Sidhi Investment Corporation v. Thrift
Ga. Ct. App. · 2016 · confidence medium
See Lake v. APH Enterprises, LLC, 306 Ga. App. 317, 319 ( 702 SE2d 654 ) (2010) (“Landlords still fully part with possession of leased premises when they retain limited entry or inspection rights for landlord-related purposes.”); Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998).
discussed Cited as authority (rule) Sidhi Investment Corporation v. Vicki Lee Thrift
Ga. Ct. App. · 2016 · confidence medium
See Lake v. APH Enterprises, LLC, 306 Ga. App. 317, 319 ( 702 SE2d 654 ) (2010) (“Landlords still fully part with possession of leased premises 5 when they retain limited entry or inspection rights for landlord-related purposes.”); Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998).
discussed Cited as authority (rule) Karle v. Belle
Ga. Ct. App. · 2011 · confidence medium
Although she retained authority under the lease to enter the property for inspection, maintenance, and repairs during normal business hours, this right of entry “is not inconsistent with a full surrender of possession to the tenant.” Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998).
cited Cited as authority (rule) Ranwez v. Roberts
Ga. Ct. App. · 2004 · confidence medium
Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998).
cited Cited as authority (rule) Harper v. Robinson
Ga. Ct. App. · 2003 · confidence medium
Osowski v. Smith, 262 Ga. App. 538, 539-541 (1) ( 586 SE2d 71 ) (2003); Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998).
discussed Cited as authority (rule) Wade v. American National Insurance
Ga. Ct. App. · 2000 · confidence medium
Whether their cause of action is based on the premises liability statute (OCGA § 51-3-1) or the dangerous animal liability statute (OCGA § 51-2-7), they are “still required to produce evidence of the vicious propensity of the dog in order to show the dangerous condition of which the premises owner had superior knowledge. [Cit.]” (Emphasis supplied.) Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998).
cited Cited as authority (rule) Supan v. Griffin
Ga. Ct. App. · 1999 · confidence medium
Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998); see Hannah v. Hampton Auto Parts, 234 Ga. App. 392, 393-394 ( 506 SE2d 910 ) (1998).
examined Cited "see" Johnston v. Warendh (4×)
Ga. Ct. App. · 2001 · signal: see · confidence high
See Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998) (scienter required for landowner to be liable).
discussed Cited "see, e.g." GOLDOLLER MANAGEMENT SERVICES, LLC v. KRISTIAN SMITH (2×)
Ga. Ct. App. · 2022 · signal: see also · confidence medium
See also Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998) (although plaintiff’s case was based “on the premises liability statute (OCGA § 51-3-1) rather than the dog bite liability statute (OCGA § 51-2-7), [the plaintiff] was still required to produce evidence of the vicious propensity of the dog in order to show the dangerous condition of which the premises owner had 7 superior knowledge”). “[K]nowledge of a dog’s prior aggressiveness is critical[,]” as “mere knowledge that a dog exists – or even that a particular dog exists – is not sufficient to make an at…
discussed Cited "see, e.g." Lake v. APH ENTERPRISES, LLC (2×)
Ga. Ct. App. · 2010 · signal: see, e.g. · confidence medium
See, e.g., Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998) (landlord not liable for dog bite injuries occurring in yard where, under terms of verbal lease, landlord was responsible for maintaining “structure,” while tenant was responsible for maintaining yard). 3 And the fact that the lease is not in writing is not controlling.
discussed Cited "see, e.g." Gibson v. Rezvanpour (2×)
Ga. Ct. App. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998) (even if landlord retained possession and control of rental unit under OCGA § 51-3-1, plaintiff was still required to produce evidence of vicious propensity of dog to show the dangerous condition of which premises owner had superior knowledge). 3.
discussed Cited "see, e.g." Durham v. Mason (2×)
Ga. Ct. App. · 2002 · signal: see also · confidence medium
Co., 246 Ga. App. 458, 459 (1) ( 540 SE2d 671 ) (2000); Supan v. Griffin, 238 Ga. App. 404, 406 ( 519 SE2d 22 ) (1999). 5 (Citations and punctuation omitted.) Wade, supra at 461 ; see also Webb v. Danforth, 234 Ga. App. 211, 212 ( 505 SE2d 860 ) (1998). 6 See Wade, supra. 7 (Citation and punctuation omitted.) Jekyll Island State Park Auth. v. Machurick, 250 Ga. App. 700 (1) ( 552 SE2d 94 ) (2001). 8 See id. 9 Id. at 700-701 . 10 See Stewart v. Harvard, 239 Ga. App. 388, 396-397 (4) (b) ( 520 SE2d 752 ) (1999).
Webb
v.
Danforth
A98A1475.
Court of Appeals of Georgia.
Sep 2, 1998.
505 S.E.2d 860
Simpson, Gray & Cross, Ralph F. Simpson, William D. Nesmith III, Joseph I. Carter, for appellant., Reinhardt, Whitley & Wilmot, Glenn Whitley, for appellee.
Johnson, Smith, Banke.
Cited by 23 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: Court of Appeals of Georgia (1)
Johnson, Presiding Judge.

Julian Webb, individually and as next friend of his minor daughter, sued Bertie Danforth for personal injuries sustained when a dog attacked the child on property owned by Danforth and occupied by a tenant. Webb appeals from the grant of Danforth’s motion for summary judgment, contending the trial court erred in granting the motion because genuine issues of material fact exist regarding whether Danforth relinquished possession and control of the rented property and whether the injured child was an invitee. We find that no material issues of fact remain and affirm the grant of summary judgment to Danforth.

The relevant undisputed evidence shows that Danforth verbally agreed to rent a house she owned to Regina Hurley. Danforth was to maintain the structure, and Hurley agreed to maintain the yard. Hurley took possession of the premises and at some point moved a dog onto the property and chained him to a tree in the backyard. Hurley’s daughter invited Webb’s daughter to play in the yard. The dog broke its chain and attacked Webb’s daughter.

Danforth moved for summary judgment claiming the tenant was in possession and control of the premises at the time of the attack; Danforth did not own, possess or control the dog; and Danforth was unaware that the tenant owned or possessed the dog. In response, Webb pointed to evidence that Danforth knew the tenant had a dog because she visited the house when the dog was in the yard and also because Danforth’s son acted as Danforth’s agent and knew about the dog. Webb also pointed to evidence that Danforth retained the right to enter the property for maintenance purposes. Webb’s claim must fail for several reasons.

A landlord who relinquishes possession of the premises cannot be liable to third parties for damages arising from the negligence of the tenant. OCGA § 44-7-14; Colquitt v. Rowland, 265 Ga. 905, 906 (1) (463 SE2d 491) (1995). “This is so because the use of the tenements really belongs to the tenant during the lease; they are [her][*212] property to use for the term for which they are rented; and the landlord has no right to enter upon them, except by permission of the tenant, during the term for which they are rented.” (Citations and punctuation omitted.) Id. That the landlord retains the right to enter the leased premises for landlord-related purposes does not evidence such dominion and control of the premises so as to vitiate the landlord’s limited liability imposed by OCGA § 44-7-14 and replace it with the liability imposed by OCGA § 51-3-1, the premises liability statute upon which Webb’s action is based. See Godwin v. Olshan, 161 Ga. App. 35, 36 (2) (288 SE2d 850) (1982). A landlord’s retention of the right to enter, inspect and repair is not inconsistent with a full surrender of possession to the tenant. Mills v. Bonanza Intl. Corp., 160 Ga. App. 104, 105 (286 SE2d 337) (1981). The record in this case demonstrates that the tenant moved the dog onto the premises after Danforth relinquished possession and control of the property.

Decided September 2, 1998. Simpson, Gray & Cross, Ralph F. Simpson, William D. Nesmith III, Joseph I. Carter, for appellant. Reinhardt, Whitley & Wilmot, Glenn Whitley, for appellee.

Moreover, even if we agreed that Danforth retained possession and control of the premises, Danforth was entitled to summary judgment because there is absolutely no evidence that she had superior knowledge of any dangerous condition. See Stanger v. Cato, 182 Ga. App. 498, 499 (356 SE2d 97) (1987). While Webb based his cause of action on the premises liability statute (OCGA § 51-3-1) rather than the dog bite liability statute (OCGA § 51-2-7), Webb was still required to produce evidence of the vicious propensity of the dog in order to show the dangerous condition of which the premises owner had superior knowledge. See Pickard v. Cook, 223 Ga. App. 595, 596 (2) (478 SE2d 432) (1996). Inasmuch as Webb failed to produce any such evidence, the trial court did not err in granting summary judgment to Danforth. The issue of whether the child was an invitee or a licensee is not material and need not be considered. A grant of summary judgment must be affirmed if it is right for any reason. Id. at 596 (4); Stegall v. Central Ga. EMC, 221 Ga. App. 187, 191 (2) (470 SE2d 782) (1996).

Judgment affirmed.

Smith, J., and Senior Appellate Judge Harold R. Banke concur.