Earlier this month, a state appellate court released an opinion in a Georgia dog bite lawsuit discussing the element of causation, as well as the type of evidence that a plaintiff must present to establish liability against an out-of-possession landlord. Ultimately, the court determined that the plaintiff failed to present any evidence indicating that her injuries were a foreseeable result of the defendant landlord’s negligence actions.
According to the court’s written opinion, the plaintiff was on a walk with her dogs a few blocks from her home when two pit bulls approached her. The approaching dogs initially began to quarrel with the plaintiff’s dogs, but when the plaintiff tried to separate the animals one of the large dogs knocked her to the ground and began to attack her. Thankfully, a passerby called the police, and officers were able to stop the attack. However, the plaintiff sustained serious injuries as a result of the attack.
The plaintiff filed a personal injury lawsuit against the dogs’ owners. However, the plaintiff later added the landlord as an additional defendant, claiming that the landlord was negligent in failing to keep his property safe. This case involves the plaintiff’s case against the landlord.