Can a Landlord Be Held Liable for a Dog Bite?

Dog bites can result in serious injuries and significant legal implications. A common question that arises is whether landlords can be held responsible for dog bites that occur on their property. This guide delves into the nuances of liability in dog bite cases.

Understanding Landlord Liability: Can a Landlord Be Held Responsible for a Tenant’s Dog Bite?

Short answer: Yes, under certain circumstances. In specific situations, landlords can be held liable for dog bites. To establish liability, the following criteria must be met:

• Knowledge of the Dog’s Propensity: The landlord must have actual knowledge of the dog’s aggressive behavior.
• Control of the Dog’s Presence: The landlord must have had the ability to control the dog’s presence on the property.

If these conditions are satisfied, a landlord may be held accountable for injuries resulting from a dog bite.

Statutory vs. Common Law Liability

Strict Liability of Dog Owners

In Florida, dog owners are subject to strict liability under statute 767.04. This means that if a dog bites someone, the owner is automatically liable for damages, regardless of whether they were negligent. The injured party does not need to prove fault on the owner’s part; the mere fact of the bite is sufficient for recovery.

Proving Common Law Negligence Against Landlords

Holding a landlord liable is a different matter. To recover damages from a landlord, the injured party must demonstrate common law negligence. This involves three key elements:

1. Duty: The landlord had a duty to ensure that the premises were safe.
2. Breach of Duty: The landlord failed to fulfill this duty by doing something or not taking necessary actions.
3. Causation: The landlord’s breach of duty directly caused injury to the individual.

If you can prove these elements, you may have a viable case against the landlord.

Examples of Common Law Negligence

Understanding common law negligence can clarify how liability may arise in various scenarios, not just dog bites:

• Car Accidents: A driver has a duty to follow traffic laws. If they run a red light and cause an accident, they have breached that duty.
• Slip and Fall Cases: A store owner must maintain safe conditions. If someone slips on a spill and the owner fails to address it, they may be liable.

Who Else Could Be Liable in a Dog Bite Case?

Beyond Dog Owners and Landlords

While the dog owner and landlord are primary parties, other individuals or entities might also be held responsible in dog bite cases, albeit less frequently. Potential third parties include:

• Homeowners Associations: In some cases, they may share liability, particularly if they have control over common areas.
• Dog Walkers: If a dog walker is negligent and their actions contribute to a dog bite, they may also be held liable.

Commercial Establishments and Dog Bites

Can stores be held responsible? When it comes to commercial establishments, liability can depend on whether they had knowledge of a dog’s aggressive behavior. For example, if a dog bites someone in a pet store, the store may not be liable unless it can be shown that they knew the dog was dangerous.

Misconceptions About Liability

Many people assume they can sue anyone involved if they are injured, but this is not the case. Liability is not automatic; proving negligence is essential. For instance, a slip and fall in a store requires evidence that the store was aware of the hazard and failed to address it.

Responsibilities of Landlords Regarding Safety

Are landlords required to provide safety measures? There is generally no legal obligation for landlords to implement specific safety measures, such as installing fences, to prevent dog bites. However, they should be aware of any potential dangers and address them as necessary to ensure tenant safety.

Dog Bite Case Settlement Example

Dog Bite Settlement Amount – $125,000 Recovered

The client was walking her dog in the common area of the apartment complex where she lives. A pitbull jumped through the window of one of the apartments and attacked her. She suffered a leg fracture and a large bite on her leg. The dog owner paid its policy limits of $100,000, but we pursued the apartment complex for additional damages for negligence for permitting the dog to be on the premises. It is notoriously difficult to hold an apartment complex liable for dog bites. Through discovery, the timely use of Proposals for Settlement, and evidence we discovered through Requests to Produce and Interrogatories, we were able to produce competent evidence of the apartment complex’s knowledge of the dog being on its premises in derogation of community rules. During discovery, the complex threatened to move for summary judgment. In response, we filed a Proposal for Settlement for $25,000, which was accepted by the complex. The case resolved for a total of $125,000 between the two Defendants. The client was happy with the settlement. We were pleased to be able to provide our client with additional compensation from a second Defendant to compensate her for her injuries.

Understanding When a Landlord Is Responsible if a Tenant’s Dog Bites Someone in Florida

In summary, while landlords can be held liable for dog bites under specific conditions, proving negligence requires a thorough understanding of the law. If you or someone you know has been involved in a dog bite incident, it’s crucial to consult with a knowledgeable dog bite accident attorney near you to explore your options. Understanding your rights can help you navigate the complexities of liability and pursue appropriate compensation for your injuries.