Dog attack-liability?

Question

Had an incident where tenant and dog were attacked in the yard of a multiplex.  Dog was vicious and caused injury to tenant and dog not to mention mental ordeal.   What is the landlord's liability when some unforeseen event occurs like this?  Does anyone have an experience they could share?

If the landlord offers fencing in a backyard and a wandering attack dog gets into the backyard or a pest sprayer or carpenter accidentally leaves the gate open, wouldn't the landlord be liable for offering reasonable protective security to the tenant's animal?  Just curious.

Lynn Z · Answer

Went to visit my daughter Christmas and they had two pit bull attacks involving children, one in December and one in April.   I agree that usually it's always the owner not the breed of dog but come on that's generalizing.

Eric Wang · Answer

Even though it's not your dog, it did happen on your property.  Lawyers usually go after people with money.  We live in a Contingency Fee Society, meaning, lawyers only get paid if they win the case.  Lawyers will check and see how much asset you have and if your worth pursuing.  Thats why we American are so sue happy.  We recently bought a rental property where current tenant had a dog, we told them up front, no dogs allowed.  Tenant had no problem getting rid of dog.   The more assets you have, the more you have to think about asset protection.  You have to think the worst and hope it never happens.

Scott Weaner · Answer

Being a physician myself, I cannot imagine ever telling a tenant to go after a landlord.  We are certainly very aware of liability issues and most of us can't stand lawyers because of what they put us through.

I can't even stand worker's comp cases because of this kind of nonsense. :crazed:

Michael Rossi · Answer

You can't list every possible stupid thing that tenants can do in your lease.  Tenants slip and fall and want to sue all the time.  Aggressively fighting the lawsuits almost always makes them go away eventually.  We fight every step of the way.  We will not give the deadbeats our insurance info.  We will not talk to them about the lawsuit.  We will not even say who owns the building.  They must fight for each piece of information.  That is usually enough to discourage the low-life, scumbag contingency lawyer that is representing them.  They'll simply go after easier pickins.

Mike

Lynn Z · Answer

We had a student and her mother attempt to carry a heavy bureau/armoire down a flight of stairs.    The bureau fell on the mother's foot injuring her. 
Didn't hear anything for a month or so, then the mother called and stated she had crushed her foot and her physician/employer advised her that the landlord always carries insurance to pay for such injuries just because she was injured on site.   Insurance says no but if you want to try and settle go ahead.  I said no but the other person wanted to send money.

All this occurred primarily because there was damage to the apartment and they knew the tenants deposit was going to the used against the damage. I'm not saying she was injured by stupidly trying to carry bulky furniture and dropped it on herself but where do doctors get off telling their employees to go after the landlord? Haven't heard from her for a year but I"m sure that case could come back around.

I really think the lease needs some statement with upstairs apartments that addresses this.  Or maybe tenants  and parents are more and more drawn to suits than in the past.

Keith Schellhardt · Answer

Even though we know why there are lawyers and how they operate and that agreements really dont mean anythings, now the question, does anyone have a waiver that they have tenants sign for such potential risk that reflects that tenant will pay all legal fee's/court cost, etc.... if property owner is pulled into any lawsuit as an outcome of their pet hurting someone?

Richard Warren · Answer

You may get a tenant to sign such a waiver but good luck collecting.  Typically people are renting because that is all they can afford to do

8)

Lynn Z · Answer

trying hard.  The dogs were owned by a rental home--that we are able to determine.  Wouldn't want to be that landlord in case he had knowledge or the tenant is a relative or friend.   In our state the caretaker/owner is the responsible party but I'm sure these people don't have enough to cover the expenses.  keep you posted.  Thanks for all of the suggestions and information.  I'm amending my lease to require proof of homeowner insurance, etc. Can't hurt.

Keith Schulz · Answer

I agree with Mike, you did nothing wrong. The owner of the dog should be liable, not the landlord! Hopefully the courts see it that way too. Good luck.

I also agree that there are no bad dogs, just bad owners. In fact I am the owner of a Rottweiler, and my neighbor owns a Pit Bull. Both dogs are well behaved well trained dogs, that everybody in the neighborhood loves.

Just FYI... I have discovered that Allstate will provide insurance on a rental property without any breed specfic requirments for dogs (I own one of these breeds how can i exclude my tenants from owning one). In anycase. I do require that any renter that owns a dog (of any breed) provides me with documentation that they have been to some form of obediance class. Obediance classes are great for training the OWNERs of the dogs.