Randall Kevin Jones was injured by police canine Draco when apprehended, and proceeded to sue the animal itself, among others, under Georgia law for negligence. The Eleventh Circuit ordered the claim against the dog dismissed, noting “that the practical problems with suing a dog are virtually endless.” [Jordan Fowler, Washington Legal Foundation] To quote the opinion in Jones v. Fransen:
…under the express terms of Georgia law, only a person may be held liable for breaching a legal duty. … Not surprisingly, O.C.G.A. § 50-21-22(4), which we use to determine the meaning of words used in Georgia’s tort statutes, does not define the word “person” to include dogs.
In a 2001 case called Dye v. Wargo, the Seventh Circuit likewise dismissed an attempt to sue a police dog.
P.S. “I have here a stack of affidavits declaring the defendant a good boy.” — @jhimmibhob on Twitter.
4 Comments
In a world where it’s perfectly reasonable to accuse cash, houses and cars of crimes, it’s not much of a leap to sue a German Shepherd Dog for negligence.
That’s no German Shepherd, it is a Belgian Malinois!
That dog won’t hunt…
German Shepherds and Belgian Malinois are both herders, not hunters.