Can I sue my neighbor’s landlord after their tenant’s dog bit me in Georgia?

· 3 min read

Suing the landlord of the tenant who owns the dog is possible in Georgia, but it is harder than suing the dog’s owner, because a landlord is usually not the “owner or keeper” of a tenant’s pet. Liability against a property owner who rents to the dog’s owner depends on a narrower set of facts than a claim against the person who actually kept the animal.

The owner-or-keeper hurdle

Georgia’s animal-liability statute, O.C.G.A. § 51-2-7, attaches to the person who owns or keeps the dog. A landlord who simply leases a home to a tenant generally does not own, harbor, or control that tenant’s dog, so the statute alone usually does not reach the landlord. The tenant who keeps the dog is normally the proper defendant under that section.

When a landlord can still be on the hook

A landlord may face liability under ordinary premises and negligence principles when the landlord’s own conduct created or tolerated the danger. Georgia courts have allowed claims against out-of-possession landlords in limited circumstances, generally requiring proof that the landlord had actual knowledge the specific dog was dangerous and retained enough control to do something about it. Facts that can support such a claim include:

  • The landlord knew the particular dog had bitten or attacked before.
  • The lease or the landlord’s retained control over common areas gave the landlord the right to remove the dog or bar it from the property.
  • The bite happened in a common area the landlord controlled rather than inside the tenant’s leased space.

Without knowledge and a measure of control, a landlord usually cannot be held responsible for a tenant’s dog simply because the landlord owns the building.

Other considerations

A suit of this kind must still be brought within the two years that O.C.G.A. § 9-3-33 sets for injury claims, and O.C.G.A. § 51-12-33 lets a jury spread the percentages of fault across the tenant, the landlord, and even the injured person. Naming both the tenant and the landlord in one action can matter because each may carry separate insurance.

The bottom line

A neighbor’s landlord is generally not automatically liable for a tenant’s dog in Georgia. The path to a landlord claim runs through proof that the landlord knew the specific animal was dangerous and had the control to prevent the harm, which makes the landlord’s prior knowledge the central question.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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