Clark v. Joiner

I concur specially to address the continued viability of the “first bite” rule in Georgia. As the majority acknowledges, Georgia has traditionally adhered to the “first bite” rule, which holds dog owners liable for their animal’s behavior only if an owner knows that a dog has the “ ‘propensity to do the particular act (biting) which caused injury to the complaining party.’ ”2

The requirement that a dog owner have prior knowledge of an animal’s vicious or dangerous nature is not a statutory one but is derived from common law.3 And this knowledge requirement has been strictly applied. For…