As a follow up to the blog that I posted February 13, 2014 titled Owners’ Responsibility to keep their Animals on their own Premises to avoid Injuries and Deaths in Georgia , a young girl of age 9, Emma Carolina Johnson, was kicked in the head in Cherokee County Georgia by a mule who had escaped into a neighbor’s pasture where Emma was innocently carrying a bucket of feed. She was kicked in the head and knocked unconscious by said mule.
Fortunately, Emma is a strong little girl and is recovering. Unfortunately, her recovery is long, and the Cherokee County Marshall’s Office stated that, although the owners of the mules fence was washed away due to rain, that the owners would not be held criminally liable in the incident since there was no negligence on the part of the owners.
I understand that the Cherokee County Marshall can make a decision not to hold the owners of the mules criminally liable. The Cherokee County Marshall, however, does not decide whether or not the owners of the mules should be held liable in a civil action for negligence under Georgia Law as I have described in my last blog. This is the very type of situation where it is imperative that owners of any kind of animal whether it be livestock, domestic animals whether such animals do or don’t have a vicious propensity, keep their animals on the owners or keepers own property for the safety of others as well as the animals.