O.C.G.A.

O.C.G.A. § 51-2-6 (2019)

Liability of owner or keeper of dog for damage done to livestock while off his or her premises

✓ 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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If any dog, while not on the premises of its owner or the person having charge of it, kills or injures any livestock, the owner or person having charge of the dog shall be liable for damages sustained by the killing or maiming of the livestock and for the full costs of action.

History

(Ga. L. 1865-66, p. 76, § 1; Code 1868, § 2914; Code 1873, § 2965; Code 1882, § 2965; Civil Code 1895, § 3822; Civil Code 1910, § 4418; Code 1933, § 105-111.)

Annotations

Cross references. - Liability of owner of dog which kills or injures livestock or poultry, § 4-8-4. JUDICIAL DECISIONS Owner is liable for certain acts of the owner’s dog; thus, recognizing that the dog is property. Graham v. Smith, 100 Ga. 434, 28 S.E. 225, 62 Am. St. R. 323, 40 L.R.A. 503 (1897); Columbus R.R. v. Woolfolk, 128 Ga. 631, 58 S.E. 152, 119

Am. St. R. 404, 10 L.R.A. (n.s.) 1136 (1907). Cited in Clinkscales v. Hammons, 159 Ga. App. 114, 282 S.E.2d 738 (1981); Mintz v. Frazier, 160 Ga. App. 668, 288 S.E.2d 24 (1981).

RESEARCH REFERENCES Am. Jur. 2d. - 4 Am. Jur. 2d, Animals, §§ 67, et seq., 75 et seq. Am. Jur. Pleading and Practice Forms. - 1D Am. Jur. Pleading and Practice Forms, Animals, § 118. C.J.S. - 3B C.J.S., Animals, § 354 et seq. ALR. - Validity, construction, and effect of statute eliminating scienter as condition of liability for injury by dog or other animal, 1 ALR 1113; 142 ALR 436. Character and extent of claims for which lien on animal damage feasant attaches, 26 ALR 1047. Owner or keeper of trespassing dog as

subject to injunction or damages, 107 ALR 1323. Contributory negligence, assumption of risk, or intentional provocation as defense to action for injury by dog, 66 ALR2d 916. Liability for injury inflicted by horse, dog, or other domestic animal exhibited at show, 80 ALR2d 886. Who ‘‘harbors’’ or ‘‘keeps’’ dog under animal liability statute, 64 ALR4th 963. Intentional provocation, contributory or comparative negligence, or assumption of risk as defense to action for injury by dog, 11 ALR5th 127.