What must a plaintiff establish in order to prove a claim for damages related to a domestic animal in Georgia?

To successfully prove a claim for damages related to a domestic animal in Georgia, the plaintiff must demonstrate that the animal possesses a vicious propensity. This legal standard revolves around the idea that the animal, based on its behavior and history, has shown a likelihood of causing harm. By establishing this vicious propensity, the plaintiff can connect the animal's behavior to the injury sustained, thus holding the owner responsible for any resulting damages.

In Georgia, the law traditionally does not require proof of prior incidents of aggression for the animal to be deemed dangerous; rather, the focus tends to center on whether the owner should have reasonably known about the animal's dangerous tendencies. This aspect is crucial because it places an obligation on the owner to manage their animal responsibly, especially if they are aware of any aggressive tendencies.

Other suggested criteria, like whether the animal was leashed during the incident or if the plaintiff owned the animal, do not substantiate a claim for damages under existing tort principles in Georgia. Legal responsibility hinges primarily on the established dangerous nature of the animal itself. Thus, demonstrating that the animal has a vicious propensity fulfills the plaintiff's burden and supports a claim for damages.