Summary:
<p>While pet sitting for Defendants Bruce and Jodi Smith, Plaintiff Josephine Gilreath was attacked and injured by the Smiths' rooster, which caused a serious infection with long-term consequences. Plaintiff Gilreath filed suit, but the trial court granted summary judgment in favor of the Defendants on the ground that Gilreath assumed the risk. Gilreath appealed to the Court of Appeals of Georgia. The Court of Appeals affirmed the trial court and reasoned that Gilreath assumed the risk of injury based on the state statutes of owners of land under OCGA § 51-3-1, as keepers of a vicious or dangerous animal under OCGA § 51-2-7, and as required by a Roswell city ordinance. The Court reasoned that at prior pet-sittings at the Defendants home, Gilreath had been warned that the rooster would attack and that a garbage can lid was useful for controlling the rooster. Second, Gilreath has not raised an issue of fact regarding whether the Smiths had superior knowledge of the risks associated with the danger. Gilreath, a professional pet sitter with at least nine years of experience, admitted that she had a responsibility to educate herself about the animals she takes care of yet she failed to do so for roosters. Third, Gilreath admitted that she chose to take the job knowing that she had been told that the rooster would attack. Gilreath also contends that the Smiths violated a Roswell city ordinance, but she failed to introduce a certified copy of the ordinance and thus failed to prove this claim.</p>
While pet sitting for Defendants Bruce and Jodi Smith, Plaintiff Josephine Gilreath was attacked and injured by the Smiths' rooster, which caused a serious infection with long-term consequences. Plaintiff Gilreath filed suit, but the trial court granted summary judgment in favor of the Defendants on the ground that Gilreath assumed the risk. Gilreath appealed to the Court of Appeals of Georgia. The Court of Appeals affirmed the trial court and reasoned that Gilreath assumed the risk of injury based on the state statutes of owners of land under OCGA § 51-3-1, as keepers of a vicious or dangerous animal under OCGA § 51-2-7, and as required by a Roswell city ordinance. The Court reasoned that at prior pet-sittings at the Defendants home, Gilreath had been warned that the rooster would attack and that a garbage can lid was useful for controlling the rooster. Second, Gilreath has not raised an issue of fact regarding whether the Smiths had superior knowledge of the risks associated with the danger. Gilreath, a professional pet sitter with at least nine years of experience, admitted that she had a responsibility to educate herself about the animals she takes care of yet she failed to do so for roosters. Third, Gilreath admitted that she chose to take the job knowing that she had been told that the rooster would attack. Gilreath also contends that the Smiths violated a Roswell city ordinance, but she failed to introduce a certified copy of the ordinance and thus failed to prove this claim.