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Personal Injury Law: Dog Bites – Landlords Liability
Landlord liability case law in dog bite claim differ from state to state. Currently, there are no statutes in the United States that automatically make landlords liable for dog bites; however, there have been several big cases based on common law principles where Landlords have been held liable for a renters dog biting a person on the property owned by the landlord. In 1997, the landmark case Shanita M. Matthews et al. v. Ambetwood Associates Limited Partnership, Inc. et al. opened a Pandora’s Box for Landlord Liability suites. In this case, the court found that the landlord was liable by considering the following issue: Does a Landlord of an apartment complex owe a duty to social guests of a tenant, who while in the tenants apartment, are injured or killed by a highly dangerous Pit Bull kept by the tenant? More about our San Antonio Dog Bite Injury Attorney here
Ultimately, the case set precedent for landlords to be liable by asking the following: When the landlord knew of the dogs presence when the existence of this breed was in direct violation of the Lease; Was the Landlord aware of the danger the dog posed to other tenants; Where the Landlord could have taken steps to abate the danger. The victim will consider making a claim against the renters landlord when a renters dog bites a person and the renter does not have renters insurance (or that insurance is insufficient). The claim must be based on common law principles because there are no statutes in the USA making landlords automatically liable for dog bites. If you are a victim of a dog bite while on a rental property, there is help available. Please contact the experienced, knowledgeable Dog Bite Lawyers at our Law Firm for a free consultation.
What is an Owner for purposes of the Dog Bite Statute?
Courts have developed case law to define who is an owner. A recent case discussed the issue of whether landlords may be considered owners for purposes of the Dog-Bite statute. In one case, a pit bull attacked two children after escaping from a nearby property. In this case, the dog was owned by a tenant of the property. The landlords were not connected to the incident other than the fact that they owned the property. The court ruled that landlords are non-owners for purposes of the Dog-Bite statute and, therefore, did not apply to the landlords. These recent cases discuss the following issues: Whether a landlord can be considered an owner, Whether one is lawfully upon private property, the sufficiency of damages in a dog bite case, and Whether a dog owner is liable to an independent contractor (such as a licensed dog daycare facility or professional dog walker) who agrees to care for a dog.
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Most states have not yet imposed liability on the landlord of rental property, but have awarded damages when a suit was brought against homeowners. In one case, the parents of a fourteen-year-old boy who was bitten while visiting the home of the dog’s owner. The dog’s owner acknowledged liability for the attack. The sole issue on appeal was the measure of damages of $5,000 awarded by the trial court. The plaintiff appealed, arguing that the damages awarded by the jury were manifestly inadequate and disproportionate to his injuries. The appellate court ruled that a jury’s award must be sufficient and proportionate to the injury sustained. Following this logic, an additional $20,000 was awarded, for a total award of $25,000. So, the door has been opened for landlord liability cases. If you or a loved one has been a victim of a dog bite, please contact the Dog Bite Lawyers at our Law Firm for a free consultation.