STEAGALD v. EASON, 300 Ga. 717

Neighbors: Gary and Lori Steagald visited David and Cheryl Eason; their adult son Joshua moved in with his pit bull, “Rocks.”
Cheryl required Joshua to build a dog pen before Rocks could stay at the Eason home.
On Rocks’ first day there, he growled and snapped at Cheryl while she fed him and later growled, barked, and snapped at Gary when Gary extended his hand near the pen.
About a week later, while Rocks was on a lead but not confined, Rocks jumped at Lori, bit and latched onto her arm; when Lori slipped while fleeing, Rocks bit and latched onto her leg, causing serious injuries.
The Steagalds sued the Easons under OCGA § 51-2-7 (liability for keeping a vicious or dangerous animal). The trial court granted summary judgment for the Easons; the Court of Appeals affirmed; the Georgia Supreme Court granted certiorari and reversed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Easons had knowledge (scienter) that Rocks had a propensity to bite without provocation such that OCGA § 51-2-7 liability could be imposed	The prior snapping incidents at Cheryl and Gary (known to Cheryl) constituted attempts to bite and put the Easons on notice of Rocks’ dangerous propensity	The snapping/growling were merely menacing behavior and insufficient because there were no prior actual attacks on people or animals	Reversed: viewing facts in favor of plaintiffs, a jury could reasonably infer that the prior snaps were attempted bites and therefore could establish the Easons’ knowledge; summary judgment improper

Harvey v. Buchanan, 121 Ga. 384 (owner’s knowledge of viciousness is required for liability)
Eshleman v. Key, 297 Ga. 364 (OCGA § 51-2-7 restates common-law duty to restrain known vicious animals)
Johnston v. Warendh, 252 Ga. App. 674 (proof required of specific dog’s dangerous nature and owner’s knowledge)
Kringle v. Elliott, 301 Ga. App. 1 ("first bite" rule does not literally require an actual prior bite)
Torrance v. Brennan, 209 Ga. App. 65 (owner’s knowledge may be inferred from prior incidents that would put a prudent person on notice)
Raith v. Blanchard, 271 Ga. App. 723 (unsuccessful attempts to bite can suffice to show scienter)