Siegel v. Segal

Kimberly Sheridan and Michael Becker (Atlanta, GA) (Premises Liability) obtained a Dismissal for homeowner Katherine Segal in a dog-bite case. According to the allegations of Plaintiff Siegel’s complaint, Ms. Segal re-homed her dog, Scout, to a new owner, Kristina Thrower. Five months later, Plaintiff Siegel was visiting Thrower’s home when Scout allegedly bit her in the face, allegedly causing injuries and scarring. Plaintiff Siegel sued Scout’s former owner, Defendant Segal, on a dog-bite/failure to warn theory. Counsel filed a motion to dismiss for failure to state a claim upon which relief could be granted. Counsel argued that under O.C.G.A. § 51-2-7, which governs liability for owners or keepers of dogs, liability lies only against the current owner or keeper of a dog, not against former owners or keepers. Rather than respond to the motion, Plaintiff dismissed her lawsuit. Plaintiff did not renew the suit and the dismissal is therefore final