Oertel v. Chi Psi Fraternity

As Oertel failed to provide sufficient evidence that Spencer’s owners should have known of his propensity to bite under either statutory or common law standards, I respectfully dissent from the opinion of the majority.

In reaching its decision, the majority relies on OCGA § 51-2-7, which provides:

A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious…