O.C.G.A.

O.C.G.A. § 4-8-21 (2019)

Definitions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) As used in this article, the term:

(1) ‘‘Classified dog’’ means any dog that has been classified as either a dangerous dog or vicious dog pursuant to this article.

(2) ‘‘Dangerous dog’’ means any dog that:

(A) Causes a substantial puncture of a person’s skin by teeth without causing serious injury; provided, however, that a nip, scratch, or abrasion shall not be sufficient to classify a dog as dangerous under this subparagraph;

(B) Aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury to such person or another person although no such injury occurs; provided, however, that the acts of barking, growling, or showing of teeth by a dog shall not be sufficient to classify a dog as dangerous under this subparagraph; or

(C) While off the owner’s property, kills a pet animal; provided, however, that this subparagraph shall not apply where the death of such pet animal is caused by a dog that is working or training as a hunting dog, herding dog, or predator control dog.

(3) ‘‘Local government’’ means any county or municipality of this state.

(4) ‘‘Owner’’ means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dog. In the case of a dog owned by a minor, the term ‘‘owner’’ includes the parents or person in loco parentis with custody of the minor.

(5) ‘‘Serious injury’’ means any physical injury that creates a substantial risk of death; results in death, broken or dislocated bones, lacerations requiring multiple sutures, or disfiguring avulsions; requires plastic surgery or admission to a hospital; or results in protracted impairment of health, including transmission of an infection or contagious disease, or impairment of the function of any bodily organ.

(6) ‘‘Vicious dog’’ means a dog that inflicts serious injury on a person or causes serious injury to a person resulting from reasonable attempts to escape from the dog’s attack.

(b) No dog shall be classified as a dangerous dog or vicious dog for actions that occur while the dog is being used by a law enforcement or military officer to carry out the law enforcement or military officer’s Page: 107 Date: 06/14/13 Time: 10:58:24 GA RV 13 RV 4(T4-6) - EP official duties. No dog shall be classified as a dangerous dog or a vicious dog if the person injured by such dog was a person who, at the time, was committing a trespass, was abusing the dog, or was committing or attempting to commit an offense under Chapter 5 of Title 16.

History

(Code 1981, § 4-8-21, enacted by Ga. L. 2012, p. 1290, § 4/HB 685.)

Annotations

Law reviews. - For article on the 2012 enactment of this Code section, see 29 Ga. St. U.L. Rev. 180 (2012).

Notes of Decisions
Cited in 4 cases, 1996–2017 · leading case: Randall Kevin Jones v. Officer S. Fransen, 857 F.3d 843 (11th Cir. 2017).
Randall Kevin Jones v. Officer S. Fransen, 857 F.3d 843 (11th Cir. 2017). “O.C.G.A. § 4-8-21(b) provides that "[n]o dog shall be classified as a dangerous dog or vicious dog [for purposes of O.”
Eshleman v. Key, 774 S.E.2d 96 (Ga. 2015). · cites it 2× “2 But see OCGA § 4-8-21 (b) (at least for the purposes of the Responsible Dog Ownership Law, OCGA § 4-8-20 et seq.”
Griffiths v. Schafer, 478 S.E.2d 625 (Ga. Ct. App. 1996). · cites it 2× “See OCGA § 4-8-21 (a) (6). The intent of the General Assembly in passing the Act is to provide “that the owner of a dangerous dog or potentially dangerous dog shall be solely liable for any injury to or death of a person caused by such dog.”
Eshleman v. Key (Ga. 2015). · cites it 2× “We already have held, on the other hand, that a generalized duty to merely exercise reasonable care may not 2 But see OCGA § 4-8-21 (b) (at least for the purposes of the Responsible Dog Ownership Law, OCGA § 4-8-20 et seq.”
— 4-8-21(b) — 1 case
Randall Kevin Jones v. Officer S. Fransen, 857 F.3d 843 (11th Cir. 2017). “O.C.G.A. § 4-8-21(b) provides that "[n]o dog shall be classified as a dangerous dog or vicious dog [for purposes of O.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.