is a strict liability state
AL Code § 3-6-1 (2020): Liability of owner of dog for injuries to person bitten or injured while upon property owned or controlled by owner, etc. If any dog shall, without provocation, bite or injure any person who is at the time at a place where he or she has a legal right to be, the owner of such dog shall be liable in damages to the person so bitten or injured, but such liability shall arise only when the person so bitten or injured is upon property owned or controlled by the owner of such dog at the time such bite or injury occurs or when such person has been immediately prior to such time on such property and has been pursued therefrom by such dog.
AL Code § 35-9A-204 (2020): Landlord to maintain premises. (a) A landlord shall: (1) comply with the requirements of applicable building and housing codes materially affecting health and safety;(2) make all repairs and do whatever is necessary to put and keep the premises in a habitable condition; (3) keep all common areas of the premises in a clean and safe condition
AL Code § 35-9A-301 (2020): Tenant to maintain dwelling unit. A tenant shall: (1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit; (7) conduct himself or herself and require other persons on the premises with the tenant’s consent to conduct themselves in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.
BERG. v. NGUYEN 201 So. 3d 1185 (Ala. Civ. App. 2016) The plaintiff did not meet her burden establishing that the landlord knew or should have known of any dangerous propensities of the dog that bit plaintiff. As to the issue of defendants’ knowledge that pit bulls were “inherently dangerous,” the court held that the Alabama Supreme Court in Humphries established that breed alone is insufficient to impute knowledge. Summary judgment was granted to the landlord.
See also: Armstrong v. Hill, and Scott v. Donkel
Follows the “one bite rule”
Alaska does not have a dangerous dog ordinance but has been shown to follow the one bite rule.
AK Stat § 34.03.100 (2019): Landlord to maintain fit premises: The landlord shall (1) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (2) keep all common areas of the premises in a clean and safe condition.
AK Stat § 34.03.120 (2019): The tenant shall keep that part of the premises occupied and used by the tenant as clean and safe as the condition of the premises permit;
Alaskan Village v. Smalley: The lease prohibited tenants from keeping vicious dogs and requiring the immediate removal of annoying pets. However, the landlord disregarded numerous complaints by other tenants regarding the dangerous dogs. In this case the landlord was held liable because he didn’t take action regarding known dangerous dogs owned by his tenant.
is a strict liability state
The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness.
Title 33 – Property § 33-1324 The landlord shall 1. Comply with the requirements of applicable building codes materially affecting health and safety. 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. 3. Keep all common areas of the premises in a clean and safe condition.
Title 33 – Property § 33-1341: The tenant shall: 1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building codes materially affecting health and safety. 2. Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit.
Gibbons v. Chavez, 160 Ariz. 73: The trial court granted summary judgment in favor of the lessors. There was no evidence of notice to the lessors of the existence of dogs with dangerous propensities being maintained on the premises.
Follows the “one bite rule”
Arkansas does not have a dangerous dog ordinance but has been shown to follow the one bite rule.
Chapter 16 § 18-16-110 No landlord or agent or employee of a landlord shall be liable to a tenant or a tenant’s licensee or invitee for death, personal injury, or property damage proximately caused by any defect or disrepair on the premises absent the landlord’s: (1) Agreement supported by consideration or assumption by conduct of a duty to undertake an obligation to maintain or repair the leased premises; and (2) Failure to perform the agreement or assumed duty in a reasonable manner.
Chapter 17 § 18-17-601 A tenant shall: (1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) Keep the dwelling unit and that part of the premises that he or she uses reasonably safe and reasonably clean;
Pam Mills v. Finch, 2010 Ark. App. 199: The issue in this case is simple: under Arkansas law, does a landlord have a duty to protect third parties from an animal owned by his or her tenant when the landlord knows that the animal has violent propensities? The Lonoke County Circuit Court answered the question in the negative, and it dismissed a lawsuit filed by Pamela Mills,The circuit court correctly found that Marie Finch (the landlord) had no duty to protect a person against Finch’s tenant’s dog.
is a strict liability state
The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner s knowledge of such viciousness
CA Civ Code § 1941: The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are mentioned in section 1929.
CA Civ Code § 1929 The hirer of a thing must repair all deteriorations or injuries thereto occasioned by his want of ordinary care.
Yuzon v. Collins Cal. 2004: Because a landlord had no actual knowledge that several tenants had a dog with allegedly violent propensities in their apartment, he had no duty to protect an invitee from the dangerous condition.
See Also: Wylie v. Gresch, Salinas v. Martin,
Donchin v. Guerrero, Uccello v. Laudenslayer,
Chee v. Amanda Goldt Property Management
is a strict liability state
Civil actions against dog owners § 13-21-124:
A person or a personal representative of a person who suffers serious bodily injury or death from being bitten by a dog while lawfully on public or private property shall be entitled to bring a civil action to recover economic damages against the dog owner regardless of the viciousness or dangerous propensities of the dog or the dog owner’s knowledge or lack of knowledge of the dog’s viciousness or dangerous propensities.
§ 13-21-115. Actions against landowners: A licensee may recover only for damages caused: By the landowner’s unreasonable failure to exercise reasonable care or warn of dangers not created by the landowner which are not ordinarily present on property of the type involved, of which the landowner actually knew.
Obligation to Maintain Residential Premises § 38-12-503: A landlord breaches the warranty of habitability if (b) The residential premises is in a condition that is materially dangerous or hazardous to the tenant’s life, health, or safety; and (c) The landlord has received written notice of the condition and failed to cure the problem within a reasonable time. (3) When any condition described this section is caused by the misconduct of the tenant, a member of the tenant’s household, a guest or invitee of the tenant, or a person under the tenant’s direction or control, the condition shall not constitute a breach.
§ 38-12-504. Tenant’s maintenance of premises: Every tenant of a residential premises has a duty to use that portion of the premises within the tenant’s control in a reasonably clean and safe manner.
Wilson v. Marchiondo:
A grant of summary judgment in favor of the landlord in the parents’ and son’s action after the son was bitten by a dog in the backyard of the tenants’ residence was proper pursuant to Colo. Rev. Stat. § 13-21-115 (2004) where the landlord did not owe the son a duty of care because the landlord was not a “person in possession” of the real property
See also: Vigil v. Payne, Moss v. Leoza
is a strict liability state
Sec. 22-357: Damage to person or property. If any dog does any damage to either the body or property of any person, the owner or keeper, or, if the owner or keeper is a minor, the parent or guardian of such minor, shall be liable for such damage.
Section 47a-7 – Landlord’s responsibilities: A landlord shall: (1) Comply with the requirements of chapter 368o and all applicable building and housing codes materially affecting health and safety of both the state or any political subdivision thereof; (2) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition…(3) keep all common areas of the premises in a clean and safe condition;
Sec. 47a-11. Tenant’s responsibilities. A tenant shall: (a) Comply with all obligations primarily imposed upon tenants by applicable provisions of any building, housing or fire code materially affecting health and safety; (b) keep such part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
See also: Section 47a-9
Stokes v. Lyddy
The landlords were not liable as they owed no duty to the victim, bitten by a tenant’s dog while walking on a public sidewalk. The landlords were not owners, keepers, or harborers of the dog.
See also: Isha Sen v. Kostas Tsiongas
is a strict liability state
§ 913. Liability of dog owner for damages.
The owner of a dog is liable in damages for any injury, death or loss to person or property that is caused by such dog, unless the injury, death or loss was caused to the body or property of a person who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting or abusing the dog.
§ 5305. Landlord obligations relating to the rental unit: The landlord shall, at all times during the tenancy: Provide a rental unit which shall not endanger the health, welfare or safety of the tenants or occupants and which is fit for the purpose for which it is expressly rented; Keep in a clean and sanitary condition all common areas of the buildings, grounds, facilities and appurtenances thereto which are maintained by the landlord; Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy.
Dougherty v. Hibbits: Landlord was not liable when tenant’s dog bit tenant’s guest because landlord lived in Arizona and had never seen dog, tenant was not truthful about dog’s breed or weight on pet addendum to lease, landlord was not aware of dog’s prior bite history, and, as such, landlord lacked actual knowledge of dog’s dangerous propensities.
See also: Kirshner v. Hall
Chapter 18 – Animal Control. Subchapter I – General. § 8–1808. Prohibited conduct: An owner or custodian shall not allow his or her animal to go at large. If a dog injures a person while at large, lack of knowledge of the dog’s vicious propensity standing alone shall not absolve the owner from a finding of negligence.
Campbell v. Noble: Landlord who had no control of a tenant’s premises was not liable for injuries sustained to a minor from dog bites by a tenant’s pit bulls because lease gave the landlord no authority to evict tenant for keeping pit bulls and there had been no administrative determination that the dogs were dangerous under D.C. Code §§ 8-1901, 8-1902, and 8-1906.
is a strict lability state
Chapter 767 – DAMAGE BY DOGS 767.04 – Dog owner’s liability for damages to persons bitten: The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.
767.01 – Dog owner’s liability for damages to persons, domestic animals, or livestock: Dog owner’s liability for damages to persons, domestic animals, or livestock.—Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by s. 585.01
83.51 – Landlord’s obligation to maintain premises: The landlord at all times during the tenancy shall: Comply with the requirements of applicable building, housing, and health codes; or Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair…The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.
83.55 – Right of action for damages: If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance.
Olave v. Howard: Landlords were not liable for damages after a neighbor was bitten by a dog that belonged to landlords’ tenant where landlords had no actual knowledge of the vicious nature of the tenant’s dog.
See Also: Vasques v. Lopez, Bessent v. Matthews, Giaculli v. Bright, Sutherland v. Pell, Allen v. Enslow, Ny Tran v. Bancroft, Barrwood Homeowners Assoc. v. Maser, Rosseau v. Fintz, Ramirez v. M.L. Mgmt. Co., Sanzare v. Varesi,
is a strict lability state
51-2-7. Liability of owner or keeper of vicious or dangerous animal for injuries caused by animal: A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash. The foregoing sentence shall not apply to domesticated fowl including roosters with spurs. The foregoing sentence shall not apply to domesticated livestock.
44-7-14. Tort liability of landlord: Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.
§ 44-7-13 – Landlord’s duties as to repairs and improvements: The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent.
51-3-1. Duty of owner or occupier of land to invitee: Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.
Tyner v. Matta-Troncoso: In an action by a woman seriously injured in a pit bull attack, the landlord of the dogs’ owners was entitled to summary judgment despite his failure to fix a broken gate latch, O.C.G.A. § 44-7-14, because there was no evidence that the landlord was aware of the dogs’ vicious propensities.
See also: Lemontree Properties LLC v. Samples, Younger v. Dunagan, Webb v. Danforth, Ranwez v. Roberts,
Forsh v. Williams,
is a strict liability state
§663-9.1 Exception of animal owners to civil liability: Notwithstanding sections 663-1 and 663-9, any owner or harborer of an animal shall not be liable for any civil damages resulting from actions of the animal occurring in or upon the premises of the owner or harborer where the person suffering either personal or property damage as a proximate result of the actions of the animal is found by the trier of fact intentionally or knowingly to have entered or remained in or upon such premises unlawfully.
§142-75 Human bitten by dog; duty of dog owners; action against owner (recently revised to remove muli-bite rule): Whenever a dog has bitten a human being under circumstances for which none of the exceptions specified in section 663-9.1 apply, any person may bring an action against the owner of the dog in the district court of the judicial circuit in which the owner resides…
§521-33 Landlord’s waiver of liability prohibited: A provision in a rental agreement exempting or limiting the landlord, or requiring the tenant to indemnify the landlord, from liability for damages to persons or property caused by or resulting from the acts or omissions of the landlord, the landlord’s agents, servants, or employees, in or about the dwelling unit covered thereby or in or about the premises of which it is a part is void.
§521-42 Landlord to supply and maintain fit premises: The landlord shall at all times during the tenancy: Comply with all applicable building and housing laws materially affecting health and safety. Keep common areas of a multi-dwelling unit premises in a clean and safe condition
§521-51 Tenant to maintain dwelling unit: Each tenant shall at all times during the tenancy: Comply with all applicable building and housing laws materially affecting health and safety; Keep that part of the premises which the tenant occupies and uses as clean and safe as the conditions of the premises permit;
Fernandez v. Marks:
This was an action against a landlord for injuries sustained when a tenant’s dogs attacked the plaintiffs [***2] off the landlord’s premises. The court below granted summary judgment for the landlord. We affirm.
See also: No other cases found.
Follows the “one bite rule”
Idaho does not have a dangerous dog ordinance but has been shown the follow the one bite rule.
Landlord’s Duties: Landlords must maintain the premises to protect a tenant’s safety and health. In that regard, landlords must comply
with city and county ordinances and state laws regarding housing conditions. See the AG’s Guidelines (page 12) (pdf) for examples of housing conditions that constitute violations of the landlord’s duties.
Tenant’s Duties: (AG’s Guidelines (page 14) Safety: Prevent injury to others due to actions performed on the tenant’s property.
Bright v. Maznik: As the landlords did not “harbor” the tenants’ dog, and as they had neither actual nor constructive notice of the dog’s dangerous or vicious propensity, the district court properly granted summary judgment to them in a debt collector’s claims for negligence per se and domestic animal liability.
See also: Boots v. Winters
is a strict liability state
(510 ILCS 5/16) (from Ch. 8, par. 366) Sec. 16. Animal attacks or injuries: If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.
CHAPTER 765 PROPERTY 765 ILCS 705/ Landlord and Tenant Act: Sec. 1. Liability exemptions: Except as otherwise provided in subsection 2, every covenant, agreement, or understanding in or in connection with or collateral to any lease of real property, exempting the lessor from liability for damages for injuries to person or property caused by or resulting from the negligence of the lessor, his or her agents, servants or employees
Landlord and Tenant Rights and Laws:Tenant’s Rights and Responsibilities: Tenant must keep the rental unit clean and undamaged. The tenant is responsible for any damages beyond normal wear and tear. Landlord’s Rights and Responsibilities: Landlord must keep the rental unit fit to live in. Landlord must make all necessary repairs. Landlord must keep the rental unit in compliance with state and local health and housing codes
Sedlacek v. Belmonte Props., LLC: In a personal injury suit filed against a landlord by plaintiff who was injured when a dog came running from the tenant’s property and broke through the fence, the trial court properly granted summary judgment for the landlord because it did not owe a duty to plaintiff.
See also: Klitzka v. Hellios, Solorio v. Rodriguez, Seyller v. Rose Rakowski Declaration of Trust, Brown v. Woldszynek, Whitten v. Luck, Howle v. Aqua Ill., Inc., Steinberg v. Petta
is a strict liability state
IC 15-20-1-3 Dog bite liability:
If a dog, without provocation, bites a person: who is acting peaceably; and who is in a location where the person may be required to be in order to discharge a duty imposed upon the person by: the laws of Indiana; the laws of the United States; or the postal regulations of the United States; the owner of the dog is liable for all damages suffered by the person bitten. The owner of a dog described in subsection is liable for damages even if: the dog has not previously behaved in a vicious manner; or the owner has no knowledge of prior vicious behavior by the dog.
32-31-8 Chapter 8. Landlord Obligations Under a Rental Agreement: A landlord shall do the following: (1) Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition. (2) Comply with all health and housing codes applicable to the rental premises. (3) Make all reasonable efforts to keep common areas of a rental premises in a clean and proper condition.
32-31-7 Chapter 7. Tenant Obligations: A tenant shall do the following: (1) Comply with all obligations imposed primarily on a tenant by applicable provisions of health and housing codes. (2) Keep the areas of the rental premises occupied or used by the tenant reasonably clean.
Morehead v. Deitrich: In dog bite case, landlord was not liable for damages to appellant caused by tenants’ vicious dog because he had no duty to restrain or confine the dog, it was not reasonably foreseeable that the dog would escape its confinement, and it was unreasonable to impose a duty on landlord as tenants were in best position to regulate and confine their dog.
See also: Habhab v. Roe, O’Connor by O’Connor v. Stewart, Goddard v. Weaver, Royer v. Pryo, Baker v. Weather, Herbert v. Gardner, McCraney v. Gibson, Byers v. Moredock, Skaggs v. Yanta, Graham v. UMH in Holiday Vill., LLC,
is a strict liability state
351.28 Liability for damages: The owner of a dog shall be liable to an injured party for all damages done by the dog, when the dog is caught in the action of worrying, maiming, or killing a domestic animal, or the dog is attacking or attempting to bite a person, except when the party damaged is doing an unlawful act, directly contributing to the injury. This section does not apply to damage done by a dog affected with hydrophobia unless the owner of the dog had reasonable grounds to know that the dog was afflicted with hydrophobia and by reasonable effort might have prevented the injury.
562A.15 Landlord to maintain fit premises: Keep all common areas of the premises in a clean and safe condition. The landlord shall not be liable for any injury caused by any objects or materials which belong to or which have been placed by a tenant in the common areas of the premises used by the tenant.
562A.17 Tenant to maintain dwelling unit. The tenant shall: 1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety. 2. Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit.
Allison by Fox v. Page: Landlords were entitled to JNOV in a suit by a minor and her mother for injuries inflicted upon the child by a tenant’s dog, which had earlier bitten another child, because landlords were not responsible under those circumstances.
See also: Patterson v. Rank, Fouts by Jensen v. Mason, Dunkins v. RTL Enters., L.L.C. Crabtree v. Johnson,
Follows the “one bite rule”
Kansas does not have a dangerous dog ordinance but has been shown the follow the one bite rule.
58-2553 Duties of landlord; agreement that tenant perform landlord’s duties; limitations. Except when prevented by an act of God, the failure of public utility services or other conditions beyond the landlord’s control, the landlord shall: Comply with the requirements of applicable building and housing codes materially affecting health and safety. If the duty imposed by this paragraph is greater than any duty imposed by any other paragraph of this subsection, the landlord’s duty shall be determined in accordance with the provisions of this paragraph;
58-2555. Duties of tenant. The tenant shall: keep that part of the premises that such tenant occupies and uses as clean and safe as the condition of the premises permit; not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants.
Colombel v. Milan: The trial court properly dismissed a tort action against landlords because they were not the owners, possessors, keepers, or harborers of a dog owned by their tenants and were not liable to a third party who was bitten by the dog.
See also: Carr v. Vannoster,
is a strict liability state
KY Rev Stat § 258.235: Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.
KRS 383.595 Landlord’s maintenance obligations and agreements. A landlord shall: Comply with the requirements of applicable building and housing codes materially affecting health and safety; and keep all common areas of the premises in a clean and safe condition.
KRS 383.605 Tenant’s maintenance obligations. A tenant shall: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit.
Benningfield v. Zinsmeister:
Although landlords were the statutory owners of a tenant’s dog under Ky. Rev. Stat. Ann. § 258.095(5), the landlords were not liable under Ky. Rev. Stat. Ann. § 258.235(4) for injuries from a dog attack because the dog attack occurred off the premises, and the landlords’ liability was limited to attacks occurring on or about the leased premises.
See also: Ireland v. Raymond, Fuller v. Black, McDonald v. Talbott, Pauley v. Reynolds, Neal v. Alfraihat, Spalding v. Own Your Home, LLC,
is a strict liability state
Art. 2321. Damage caused by animals: The owner of an animal is answerable for the damage caused by the animal. However, he is answerable for the damage only upon a showing that he knew or, in the exercise of reasonable care, should have known that his animal’s behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nonetheless, the owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person’s provocation of the dog.
Art. 2682. The lessor’s principal obligations: The lessor is bound: To deliver the thing to the lessee; and to maintain the thing in a condition suitable for the purpose of which it was leased.
Turnbow v. WYE Elec., Inc.: A landlord was properly found not liable for bite injuries caused by a tenant’s dog because landlord lacked actual knowledge of alleged vicious propensity of the dog; landlord’s employees had no actual knowledge that might be imputed to the landlord.
George v. Paffen: Landlord was not liable for negligence under for dog bite injury as there was no evidence she had actual knowledge of dog’s vicious propensities; inter alia, she had seen the dog and witnessed it being gentle and neighbors’ complaints were mostly about dogs barking and getting out of the yard.
Coburn v. Dixon: In a dog bite case, summary judgment was properly granted in favor of the landlord and his insurer because, there was no evidence to support a finding that the landlord had knowledge of any dogs on the property leased by the tenant, or that he knew of the animal’s dangerous propensities.
See also: Odom v. Fair, Windham v. Murray, Compagno v. Monson, Dempsey v. Clark, Perez-Sandi v. Berges, Parr v. Head, Cook v. Depingre, Bradford v. Coody
is a strict liability state
ME Rev Stat § 3961 (2019): Injuries by dog. Notwithstanding subsection 1, when a dog injures a person who is not on the owner’s or keeper’s premises at the time of the injury, the owner or keeper of the dog is liable in a civil action to the person injured for the amount of the damages. Any fault on the part of the person injured may not reduce the damages recovered for physical injury to that person unless the court determines that the fault of the person injured exceeded the fault of the dog’s keeper or owner.
14 ME Rev Stat § 6026 (2020) Dangerous conditions requiring minor repairs: Prohibition of dangerous conditions. A landlord who enters into a lease or tenancy at will agreement renting premises for human habitation may not maintain or permit to exist on those premises any condition that endangers or materially impairs the health or safety of the tenants.
14 ME Rev Stat § 6030-A (2020). Protection of rental property or tenants: Commencing action. A landlord may file a petition against a tenant, a guest or invitee of a tenant or the owner of a dangerous pet on the premises for the protection of rental property or tenants when the landlord, the landlord’s employee or agent, the landlord’s rental property or persons who are tenants of the landlord have experienced harm or have been threatened with harm by a tenant of the landlord, a guest or invitee of a tenant or a dangerous pet on the premises.
See also: 14 ME Rev Stat § 6030-G (2020). Injuries or property damage involving an assistance animal
Stewart v. Aldrich: Landlord was not liable for child’s dog-bite injuries; he did not retain control over premises merely because he had power to coerce tenants by eviction or nonrenewal of lease.
See also: Fields v. Hayden, Hallgren v. Walsh,
is a strict liability state
MD § 3-1901 (2015) – Personal injury or death caused by dog: (a) Rebuttable presumption of owner’s knowledge: In an action against an owner of a dog for damages for personal injury or death caused by the dog, evidence that the dog caused the personal injury or death creates a rebuttable presumption that the owner knew or should have known that the dog had vicious or dangerous propensities. (b) Common law of liability for other than owner: In an action against a person other than an owner of a dog for damages for personal injury or death caused by the dog, the common law of liability relating to attacks by dogs against humans that existed on April 1, 2012, is retained as to the person without regard to the breed or heritage of the dog. (c) Liability of owner: The owner of a dog is liable for any injury, death, or loss to person or property that is caused by the dog, while the dog is running at large, unless the injury, death, or loss was caused to the body or property of a person who was…
MD Real Prop Code § 8-211 Repair of dangerous defects; rent escrow (2015): serious and substantial defects and conditions. — This section provides a remedy and imposes an obligation upon landlords to repair and eliminate conditions and defects which constitute, or if not promptly corrected will constitute, a fire hazard or a serious and substantial threat to the life, health or safety of occupants.
Ward v. Hartley: The landlord was entitled to summary judgment under Md. R. 2-501 in plaintiff’s personal injury action in which plaintiff sought to hold the landlord liable for a dog bite he suffered from the tenants’ dog. The landlord retained no control over any portion of the premises, so the landlord had no duty to inspect the premises.
See also: Solesky v. Tracey, Matthews v. Amberwood Assocs. Ltd. Pshp., Swann v. Jrw Props., Ogunde v. Johnson, Shields v. Wagman, Amberwood Assocs. Ltd. Pshp. v. Matthews,
is a strict liability state
Chapter 140 Section 155: If any dog shall do any damage to either the body or property of any person, the owner or keeper, or if the owner or keeper be a minor, the parent or guardian of such minor, shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, is under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof thereof shall be upon the defendant in such action
Chapter 186 Section 19: A landlord or lessor of any real estate except an owner-occupied two- or three-family dwelling shall, within a reasonable time following receipt of a written notice from a tenant forwarded by registered or certified mail of an unsafe condition, not caused by the tenant, his invitee, or any one occupying through or under the tenant, exercise reasonable care to correct the unsafe condition described in said notice except that such notice need not be given for unsafe conditions in that portion of the premises not under control of the tenant. The tenant or any person rightfully on said premises injured as a result of the failure to correct said unsafe condition within a reasonable time shall have a right of action in tort against the landlord or lessor for damages.
Jordan v. Free: Animal hospital was entitled to summary judgment in negligence action based on dog bite as it was under no duty to new owners who merely picked up dog from hospital, which neither sold nor brokered the dog’s adoption. Landlord was not liable to injured party because there was no evidence landlord had any information dog had dangerous propensities.
See Also: Nutt v. Florio, Creatini v. McHugh,
Goodel v. Denault, Creatini v. Mark McHugh & Sean Mills,
Gray v. Branco,
is a strict liability state
MI Comp L § 287.351 (2012): If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
MI Comp L § 554.139 (2019): In every lease or license of residential premises, the lessor or licensor covenants: (a) That the premises and all common areas are fit for the use intended by the parties. (b) To keep the premises in reasonable repair during the term of the lease or license, and to comply with the applicable health and safety laws of the state and of the local unit of government where the premises are located, except when the disrepair or violation of the applicable health or safety laws has been caused by the tenants wilful or irresponsible conduct or lack of conduct.
Feister v. Bosack: A landlord was not liable for injuries sustained by a third party from a bite of his tenant’s dog because the tenant did not have the dog at the start of the lease, and the land, lord could not have evicted the tenant for at least 30 days.
See also: Braun v. York Props., Stacey v. Colonial Acres Assocs., Szkodzinski v. Griffin, MAYLE v. FULLER,
is a strict liability state
347.22 Damages, Owner Liable: If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury sustained. The term “owner” includes any person harboring or keeping a dog but the owner shall be primarily liable. The term “dog” includes both male and female of the canine species.
MN Stat § 504B.161 (2014): In every lease or license of residential premises, the landlord or licensor covenants (1) that the premises and all common areas are fit for the use intended by the parties; (2) to keep the premises in reasonable repair during the term of the lease or license, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or license; (4) to maintain the premises in compliance with the applicable health and safety laws of the state, and of the local units of government where the premises are located during the term of the lease or license, except when violation of the health and safety laws has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee.
McLeod v. Hodgeman: In a tenant’s negligence action against his landlord when he suffered severe injuries by a pit bull owned by a person who lived in the same house, because the dog bite occurred in an area controlled by the dog owner, the landlord was not a harborer of the pit bull so as to be secondarily liable under the dog-bite statute, Minn. Stat. § 347.22.
See Also: Wojciechowski v. Harer, H. P. v. Carney, Burger v. Bigelow’s Ponderosa Mobile Home Park, LLC, Kadechka v. Dembouski, Gilbert v. Christiansen,
Follows the “one bite rule”
Mississippi does not have a dangerous dog ordinance but has been shown the follow the one bite rule.
§ 89-8-23. Obligations of landlord: A landlord shall at all times during the tenancy: Comply with the requirements of applicable building and housing codes materially affecting health and safety;
§ 89-8-25: Obligations of tenant: tenant shall: Keep that part of the premises that he occupies and uses as clean and as safe as the condition of the premises permits.
Kimbrough v. Keenum: Trial court properly granted summary judgment to landlords in an action brought by neighbors who were attacked by dogs owned by a tenant’s boyfriend because attacks did not occur on property owned and controlled by the landlords and no legal duty extended to the landlords for injuries sustained on property outside of their ownership and control.
is a strict liability state
MO Rev Stat § 273.036: The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner’s or possessor’s knowledge of such viciousness. Owners and possessors of dogs shall also be strictly liable for any damage to property or livestock proximately caused by their dogs. If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage that the damaged party’s fault contributed to the incident.
441.510: Civil action, how maintained: If any building or dwelling is found to be in violation of building or housing codes which the county, municipality, local housing corporation or neighborhood association in the exercise of reasonable discretion believes constitutes a threat to the public health, safety or welfare, and alleges the nature of such threat in its petition, the county, municipality, local housing corporation or neighborhood association, in addition to any other remedies available to it, may apply to a court of competent jurisdiction for the appointment of a receiver to perform an abatement.
441.63 Duties of occupant: To meet all obligations lawfully imposed upon the occupants of dwelling units by the code enforcement agency or the community;
J.D. v. Parrish: Mother was not entitled to recover money damages from landlords arising out of personal injuries which the mother’s child received as the result of a dog bite when the dog at issue was kept on property owned by the landlords and leased to their tenant, who was the dog’s owner, because the landlords were not harborers of the dog.
See also: A.T. v. Satterfield,
Barnett by Barnett v. Rowlette, Mathes v. Nolan, Simpson v. Jefferson County Land & Dev. Co.,
is a strict liability state
MT Code § 27-1-715 (2020): Liability of owner of vicious dog. (1) The owner of a dog that without provocation bites a person while the person is on or in a public place or lawfully on or in a private place, including the property of the owner of the dog, located within an incorporated city or town is liable for damages that may be suffered by the person bitten regardless of the former viciousness of the dog or the owner’s knowledge of the viciousness.
MT Code § 70-24-303 (2020): Landlord to maintain premises — agreement that tenant perform duties. A landlord: (a) shall comply with the requirements of applicable building and housing codes materially affecting health and safety in effect at the time of original construction in all dwelling units where construction is completed after July 1, 1977 (b) may not knowingly allow any tenant or other person to engage in any activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured; (c) shall make repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (d) shall keep all common areas of the premises in a clean and safe condition;
MT Code § 70-24-321 (2020) Tenant to maintain dwelling unit. (1) A tenant shall (a) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;(b) keep that part of the premises that the tenant occupies and uses as reasonably clean and safe as the condition of the premises permits; (f) conduct oneself and require other persons on the premises with the tenant’s consent to conduct themselves in a manner, that will not disturb the tenant’s neighbors’ peaceful enjoyment of the premises; (3) A tenant may not engage or knowingly allow any person to engage in any activity on the premises that creates a reasonable potential that the premises may be damaged or destroyed or that neighboring tenants may be injured.
Vennes for Vennes v. Miller: Landlord, a nonresident property owner, was not liable in negligence action for injuries caused by a dog owned and maintained by the occupant of his property.
See also: Roy v. Neibauer,
is a strict liability state
NE Code § 54-601 (2020): Dogs; personal property; owner liable for damages; exceptions. (1) Dogs are hereby declared to be personal property for all intents and purposes, and, except as provided in subsection (2) of this section, the owner or owners of any dog or dogs shall be liable for any and all damages that may accrue (a) to any person, other than a trespasser, by reason of having been bitten by any such dog or dogs and (b) to any person, firm, or corporation by reason of such dog or dogs killing, wounding, injuring, worrying, or chasing any person or persons or any sheep or other domestic animals belonging to such person, firm, or corporation. Such damage may be recovered in any court having jurisdiction of the amount claimed.
NE Code § 76-1419 (2020): Landlord to maintain fit premises The landlord shall:(a) Substantially comply, after written or actual notice, with the requirements of the applicable minimum housing codes materially affecting health and safety; (b) Make all repairs and do whatever is necessary, after written or actual notice, to put and keep the premises in a fit and habitable condition; (c) Keep all common areas of the premises in a clean and safe condition;
NE Code § 76-1421 (2020). Tenant to maintain dwelling unit. The tenant shall (1) Comply with all obligations primarily imposed upon tenants by applicable minimum standards of building and housing codes materially affecting health or safety; (2) Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit, and upon termination of the tenancy place the dwelling unit in as clean condition, excepting ordinary wear and tear, as when the tenancy commenced;7) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
Plowman v. Pratt: Summary judgment in favor of the landlord was affirmed because normal canine behavior, such as a dog barking at a stranger, was not sufficient to infer that the landlord had actual knowledge of a dog’s dangerous propensities.
See also: McCullough v. Bozarth, Monica S. v. Nguyen, Molina-Guardiola v. Maxson, Gilkerson v. Faulkner, Hiatt v. Tallmage,
Follows the “one bite rule”
Nevada does not have a dangerous dog ordinance but has been shown the follow the one bite rule.
NV Rev Stat § 118A.290 (2020): The landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. A dwelling unit is not habitable if it violates provisions of housing or health codes concerning the health, safety, sanitation or fitness for habitation of the dwelling unit.
NV Rev Stat § 118A.310 (2020): A tenant shall, as basic obligations under this chapter: (a) Except as otherwise provided in subsection 2, comply with the terms of the rental agreement (b) Keep that part of the premises which is occupied and used as clean and safe as the condition of the premises permit; (g) Conduct himself or herself and require other persons on the premises with his or her consent to conduct themselves in a manner that will not disturb a neighbor’s peaceful enjoyment of the premises.
Newkirk v. U.S. Realty & Prop. Mgmt.: The district court granted summary judgement, finding that Schaffer, who leased the property to a tenant and was not aware that the dog was being kept on the property, did not owe a duty of care to prevent the dog bite.
See also: Ard v. Garcia, Wright v. Schum, Garcia v. Marquez, Harry v. Smith,
is a strict liability state
NH Rev Stat § 466:19 (2020): Liability of Owner or Keeper. – Any person to whom or to whose property, including sheep, lambs, fowl, or other domestic creatures, damage may be occasioned by a dog not owned or kept by such person shall be entitled to recover damages from the person who owns, keeps, or possesses the dog, unless the damage was occasioned to a person who was engaged in the commission of a trespass or other tort. A parent or guardian shall be liable under this section if the owner or keeper of the dog is a minor.
NH Rev Stat § 540-A:2 (2020): General Prohibition. – No landlord shall willfully violate a tenant’s right to quiet enjoyment of his tenancy or attempt to circumvent lawful procedures for eviction pursuant to RSA 540. No tenant shall willfully damage the property of the landlord or prevent completion of necessary repairs or willfully deny tenants their right to quiet enjoyment of their tenancies.
No cases found.
is a strict liability state
NJ Rev Stat § 4:19-16 (2020): Liability of owner regardless of viciousness of dog: The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness. For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.
NJ Rev Stat § 2A:42-106 (2020): Landlord immunity a. A landlord who is in compliance with the provisions of this act shall not be liable to respond in damages in any civil action for injury to persons or property caused by a domesticated animal owned, harbored or cared for by a senior citizen who is in compliance with the provisions of this act.
Casatelli v. Dressler:
Judge Bauman correctly declined the invitation to accept plaintiff’s unfounded assertion regarding the temperament of the pit bull breed. We concur with his finding that the landlords had no prior notice suggesting the dog would cause harm, and discern no basis to disturb his conclusion that the landlords breached no duty to plaintiff to prevent injury from the tenant’s dog.
See also: Faircloth v. Beville, Hyun Na Seo v. Yozgadlian,Treadwell v. Hammond, Kodi v. Braxton, Zukowitz v. Halperin, Rovensky v. B&W Ltd. Holdings, LLC, Spells v. Uhland, Linebaugh v. Hyndman
Follows the “one bite rule”
New Mexico does not have a dangerous dog ordinance but has been shown the follow the one bite rule.
NM Stat § 47-8-20 (2020): The owner shall: (1) substantially comply with requirements of the applicable minimum housing codes materially affecting health and safety; (2) make repairs and do whatever is necessary to put and keep the premises in a safe condition; (3) keep common areas of the premises in a safe condition.
NM Stat § 47-8-22 (2020): The resident shall A. comply with obligations imposed upon residents by applicable minimum standards of housing codes materially affecting health or safety; B. keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit, and, upon termination of the residency, place the dwelling unit in as clean condition, excepting ordinary wear and tear, as when residency commenced; G. conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
No cases found
Is a “mixed” state, and follows both one bite and strict liability laws
NY Agric & Mkts L § 123 (2020): 10. The owner or lawful custodian of a dangerous dog shall, except in the circumstances enumerated in subdivisions four and eleven of this section, be strictly liable for medical costs resulting from injury caused by such dog to a person, companion animal, farm animal or domestic animal.
Agric & Mkts L § 108 (2020): 24. (a) “Dangerous dog” means any dog which (i) without justification attacks a person, companion animal as defined in subdivision five of section three hundred fifty of this chapter, farm animal as defined in subdivision four of section three hundred fifty of this chapter or domestic animal as defined in subdivision seven of this section and causes physical injury or death, or (ii) behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or (iii) without justification attacks a service dog, guide dog or hearing dog and causes physical injury or death.
NY Real Prop L § 235-B (2020): Warranty of habitability: In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties.
Kempter v. Erban: Summary judgment against a landlord was dismissed and dog bitten citizens’ cross motion to strike defenses was denied when it was determined that landlord did not know a vicious dog was being harbored on the premises.
See also: Strunk v. Zoltanski, Ferrara v Ball, Braithwaite v. Presidential Prop. Servs., Inc., Le Pore v. Di Carlo, Loper v. Dennie, Herbin v. Henrich, Georgianna on behalf of Neuser v. Gizzy, Sedeno v. Luciano, Plue v. Lent, Gordon v. Roselli, Dixon v. Frazini, Strunk v. Zoltanski, Balla v. Jones
Is a “mixed” state, and follows both one bite and strict liability laws
NC Gen Stat § 67-4.4 (2019): Strict liability. The owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal.
NC Gen Stat § 67-4.1 (2019): “Dangerous dog” means: a. A dog that: 1. Without provocation has killed or inflicted severe injury on a person; or 2. Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection. b. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
NC Gen Stat § 42-42 (2019): Landlord to provide fit premises. The landlord shall: Comply with the current applicable building and housing codes, whether enacted before or after October 1, 1977, to the extent required by the operation of such codes; no new requirement is imposed by this subdivision if a structure is exempt from a current building code. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. Keep all common areas of the premises in safe condition.
NC Gen Stat § 42-43 (2019): Tenant to maintain dwelling unit. The tenant shall: Keep that part of the premises that the tenant occupies and uses as clean and safe as the conditions of the premises permit and cause no unsafe or unsanitary conditions in the common areas and remainder of the premises that the tenant uses.
Curlee v. Johnson: Because a landlord had no knowledge that his tenants’ dog posed a danger to visitors, the landlord was entitled to judgment as a matter of law as he was not liable under North Carolina law for the complainant’s injuries.
See also: Stephens v. Covington, Holcomb v. Colonial Assocs., L.L.C., Joslyn v. Blanchard
Follows the “one bite rule”
North Dakota does not have a dangerous dog ordinance but has been shown the follow the one bite rule.
Chapter 47-16 Leasing of Real Property:
47-16-09. Ordinary care must be exercised by lessee. The lessee of real property must use ordinary care to preserve such property in safety and to keep it in good condition.
47-16-13.1. Landlord obligations – Maintenance of premises. 1. A landlord of a residential dwelling unit shall: a. Comply with the requirements of applicable building and housing codes materially affecting health and safety. b. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. c. Keep all common areas of the premises in a clean and safe condition
47-16-13.2. Tenant obligations – Maintenance of dwelling unit. A tenant of a residential dwelling unit shall: 1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety. 2. Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit. 7. Conduct oneself and require other persons on the premises with the tenant’s consent to conduct themselves in a manner that will not disturb the tenant’s neighbors’ peaceful enjoyment of the premises
Twogood v. Wentz: No duty of care was owed by landlord’s to a meter reader where she was bitten by tenant’s dog, as landlords were neither in control of the property nor had knowledge of the presence or vicious propensities of the dog.
See also: Amyotte v. Rolette County Hous. Auth.,
is a strict liability state
Ohio Rev Code § 955.28 (2019): The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit criminal trespass or another criminal offense other than a minor misdemeanor on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person, or was teasing, tormenting, or abusing the dog on the owner’s, keeper’s, or harborer’s property…
Ohio Rev Code § 5321.04 (2019): A landlord who is a party to a rental agreement shall do all of the following: Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition; Keep all common areas of the premises in a safe and sanitary condition.
Ohio Rev Code § 5321.05 (2019): A tenant who is a party to a rental agreement shall do all of the following: Keep that part of the premises that he occupies and uses safe and sanitary; Comply with the requirements imposed on tenants by all applicable state and local housing, health, and safety codes; Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises
Good v. Murd: In case where plaintiff’s son was attacked by tenant’s dog on landlord’s property, as there was no evidence that landlord believed he had any superior right of possession or control over property, summary judgment was properly granted to landlord on plaintiff’s claim of strict liability under R.C. 955.28(B) as he was a landlord out of possession.
See also: Jones v. Goodwin, Morris v. Cordell, Burgess v. Tackas, Green v. Zack, Vallejo v. Haynes, Weisman v. Wasserman, Young v. Robson Foods, Engwert-Loyd v. Ramirez, Pangallo v. Adkins, Coontz v. Hoffman, Burrell v. Iwenofu, Jowers v. Eastgate Village, Ltd., Kovacks v. Lewis, Pohorence v. Henderson, Lynch v. Lilak, Parker v. Sutton, Johnson v. Hanley, Diaz v. Henderson, Brown v. Terrell,
Richeson v. Leist Cont…
is a strict liability state
4 OK Stat § 4-42.1 (2020): The owner or owners of any dog shall be liable for damages to the full amount of any damages sustained when his dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to be.
41 OK Stat § 41-118 (2020): A landlord shall at all times during the tenancy: Keep all common areas of his building, grounds, facilities and appurtenances in a clean, safe and sanitary condition; Make all repairs and do whatever is necessary to put and keep the tenant’s dwelling unit and premises in a fit and habitable condition;
41 OK Stat § 41-127 (2020): The tenant shall at all times during the tenancy: Keep that part of the premises which such tenant occupies and uses as safe, clean and sanitary as the condition of the premises permits; Not engage in conduct or allow any person or animal or pet, on the premises with the express or implied permission or consent of the tenant, to engage in conduct that will disturb the quiet and peaceful enjoyment of the premises by other tenants.
ROBISON v. STOKES: After a tenant’s dog bit an injured party, the tenant’s landlord was entitled to summary judgment because there was no evidence of any knowledge by the landlord of the presence of the dog, let alone that it was dangerous.
See also: Taylor v. Glenn, BISHOP v. CARROLL, Eastin v. Aggarwal,
Follows the “one bite rule”
Oregon does not have a dangerous dog ordinance but has been shown the follow the one bite rule.
OR Rev Stat § 90.320 (2017): A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition.
OR Rev Stat § 90.325 (2017): The tenant shall: (g) Behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors.
Park v. Hoffard: A landlord who knew of the dangerous propensities of a tenant’s dog and could have exerted control over the harboring of the dog was not entitled to a judgment that she had no liability for injuries caused by the dog outside the rented premises.
Is a “mixed” state, and follows both one bite and strict liability laws.
1982 Act 225: Section 701. Reimbursement for damages; complaints. (a) Reimbursement.–A person may make application to the department for reimbursement for damage to a domestic animal by a dog, whether or not the domestic animal is directly damaged by the dog or is necessarily destroyed due to damage caused by the dog, if the all of the following apply…
§ 459-502. Dog bites; detention and isolation of dogs: (b) Bite victims.– The following shall apply: The investigating officer shall be responsible for notifying the bite victim of the medical results of the offending dog’s confinement. Any cost to the victim for medical treatment resulting from an attacking or biting dog must be paid fully by the owner or keeper of the dog. The Commonwealth shall not be liable for medical treatment costs to the victim.
THE LANDLORD AND TENANT ACT OF 1951:
Section 502-A. Landlord’s Duties.–The retention of control of the stairways, passages, roadways and other common facilities of a tenement building or multiple dwelling premises places upon the landlord, or other possessor, the duty of reasonable care for safety in use. This responsibility of the landlordextends not alone to the individual tenant, but also to his family, servants and employees, business visitors, social guests, and the like. Those who enter in the right of the tenant, even though under his mere license, make a permissible use of the premises for which the common ways and facilities are provided.
Section 503-A. Tenant’s Duties.–The tenant shall comply with all obligations imposed upon tenants by applicable provisions of all municipal, county and Commonwealth codes, regulations, ordinances, and statutes, and in particular, shall: (2) Not permit any person on the premises with his permission to wilfully or wantonly disturb the peaceful
enjoyment of the premises by other tenants and neighbors.
Rosenberry v. Evans: In a negligence action arising from a dog bite, while there were genuine issues of material fact regarding the dog’s dangerous propensities, there was no evidence from which one could reasonably infer that a landlord had actual knowledge of the alleged dangerous propensities to impose a duty of care on the landlord.
See also:
Underwood v. Wind, Ward v. Edwards, Dick v. Detwiler, Palermo v. Nails, McMahon v. Pleasant Valley W. Ass’n,
is a strict liability state
RI Gen L § 4-13-16 (2020): Action for damages to animals – Double damages on second recovery – Destruction of offending dog. If any dog kills, wounds, worries, or assists in killing, wounding or worrying, any sheep, lamb, cattle, horse, hog, swine, fowl, or other domestic animal belonging to or in the possession of any person, or assaults, bites, or otherwise injures any person while traveling the highway or out of the enclosure of the owner or keeper of that dog, the owner or keeper of the dog shall be liable to the person aggrieved, for all damage sustained, to be recovered in a civil action, with costs of suit.
RI Gen L § 34-18-22 (2020): Landlord to maintain premises. A landlord shall: Comply with the requirements of applicable building and housing codes affecting health and safety; Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; Keep all common areas of the premises in a clean and safe condition.
RI Gen L § 34-18-24 (2020): Tenant to maintain dwelling unit. A tenant shall: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; Keep that part of the premises that he or she occupies and uses as clean and safe as the condition of the premises permit; Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that will not disturb his or her neighbors’ peaceful enjoyment of the premises.
PIMENTAL v. PEASE: In a negligence action by a dog-bite victim against the landlords and the tenant of the premises where the dog-bite victim was bitten, the landlords were entitled to summary judgment, because, among other things, the responsibility for control of the dog lay directly upon its owner or keeper. The landlords did not own or keep the dog.
See also: Ferrara v. Marra,
is a strict liability state
SC Code § 47-3-110 (2020): If a person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the dog owner or person having the dog in the person’s care or keeping, the dog owner or person having the dog in the person’s care or keeping is liable for the damages suffered by the person bitten or otherwise attacked.
SC Code § 27-40-440 (2020): A landlord shall: comply with the requirements of applicable building and housing codes materially affecting health and safety; make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition; keep all common areas of the premises in a reasonably safe condition, and, for premises containing more than four dwelling units, keep in a reasonably clean condition
SC Code § 27-40-510 (2020): A tenant shall: (1) comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) keep the dwelling unit and that part of the premises that he uses reasonably safe and reasonably clean;(7) conduct himself and require other persons on the premises with the tenant’s permission or who are allowed access to the premises by the tenant to conduct themselves in a manner that will not disturb other tenant’s peaceful enjoyment of the premises.
Gilbert v. Miller: The trial court did not err in granting summary judgment because a landlord was entitled to judgment as a matter of law since South Carolina law did not recognize holding a landlord vicariously liable for the actions of a tenant’s dog.
See also: Cross v. Weaver, Clea v. Odom, Mitchell v. Bazzle, Fair v. United States, Bruce v. Durney,
Follows the “one bite rule”
South Dakota does not have a dangerous dog ordinance but has been shown the follow the one-bite rule.
SD Codified L § 43-32-8 (2019): Residential lessor to keep premises in repair–Disrepair caused by lessee–Agreements for repairs in lieu of rent–Liability to third persons unaffected. In every hiring of residential premises, whether in writing or parol, the lessor shall keep the premises and all common areas in reasonable repair and fit for human habitation and in good and safe working order during the term of the lease except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control.
SD Codified L § 43-32-10 (2019): Preservation of premises by lessee. In every hiring of residential premises, whether in writing or parol, the lessee shall preserve the premises, appliances, appurtenances, and other leased personality in good condition, and repair all deteriorations or damage thereto occasioned by his negligent, willful or malicious conduct or such conduct of persons acting under his direction or control.
No Cases Found
is a strict liability state
TN Code § 44-8-413 (2019): A. (1) The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another. (2) The owner may be held liable regardless of whether the dog has shown any dangerous propensities or whether the dog’s owner knew or should have known of the dog’s dangerous propensities. C. (1) If a dog causes damage to a person while the person is on residential, farm or other noncommercial property, and the dog’s owner is the owner of the property, or is on the property by permission of the owner or as a lawful tenant or lessee, in any civil action based upon such damages brought against the owner of the dog, the claimant shall be required to establish that the dog’s owner knew or should have known of the dog’s dangerous propensities E. (1) “Owner” means a person who, at the time of the damage caused to another, regularly harbors, keeps, or exercises control over the dog, but does not include a person who, at the time of the damage, is temporarily harboring, keeping, or exercising control over the dog; provided, however, that land ownership alone is not enough to qualify a landowner as a regular harborer even if the landowner gave permission to a third person to keep the dog on the land;
TN Code § 66-28-304 (2019): The landlord shall Comply with requirements of applicable building and housing codes materially affecting health and safety; Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; Keep all common areas of the premises in a clean and safe condition.
TN Code § 66-28-401 (2019): The tenant shall: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises when the tenant took possession; Act and require other persons on the premises, with the tenant’s or other occupants’ consent, to act in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.
McKenna v. Jackson: Landlord was not liable for injuries that tenant’s guest sustained in an attack by the tenant’s dog where the landlord did not have knowledge or notice that the dog who attacked the guest had ever evidenced any vicious disposition toward a human.
See also: Langford v. Darden, Gilliland v. Pinkley, Woodson v. Meg Capital Mgmt., Dionne v. Brown,
King v. Foht,
holds dog owners accountable
TX Health & Safety Code § 822.005 (2019): ATTACK BY DOG. (a) A person commits an offense if the person is the owner of a dog and the person: (1) with criminal negligence, as defined by Section 6.03, Penal Code, fails to secure the dog and the dog makes an unprovoked attack on another person that occurs at a location other than the owner’s real property or in or on the owner’s motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code, or death to the other person; or (2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D and that causes serious bodily injury, as defined by Section 822.001, or death to the other person.
TX Prop § 92.052 (2019): LANDLORD’S DUTY TO REPAIR OR REMEDY. (a) A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and (3) the condition: (A) materially affects the physical health or safety of an ordinary tenant; or (B) arises from the landlord’s failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit. (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (1) the tenant; (2) a lawful occupant in the tenant’s dwelling; (3) a member of the tenant’s family; or (4) a guest or invitee of the tenant.
Baker v. Pennoak Properties: In summary judgment proceeding, victim of dog bite that occurred in an apartment common area was not able to hold landlord liable where she could not meet evidentiary burden as to landlord’s knowledge that dog had vicious propensities.
See also: Do v. Nguy, Batra v. Clark, Bolton v. Fisher, Ortega v. Phan-Tran Prop. Mgmt., LLC, Hill v. Pillar, Crabb v. Gibb, Osore v. Reed, Mattox v. Timmerman,
is a strict liability state
UT Code § 18-1-1 (2019): Liability and damages for dog injury — Dogs used in law enforcement.
(1) (a) Except as provided in Subsection (2), a person who owns or keeps a dog is liable for an injury caused by the dog, regardless of whether: (i) the dog is vicious or mischievous; or (ii) the owner knows the dog is vicious or mischievous. (b) Damages for an injury described in Subsection (1)(a) shall be determined in accordance with Section 78B-5-818.
UT Code § 57-22-4 (2019): 57-22-4. Owner’s duties. (1) To protect the physical health and safety of the ordinary renter, an owner: (a) may not rent the premises unless they are safe, sanitary, and fit for human occupancy; and (b) shall: (i) maintain common areas of the residential rental unit in a sanitary and safe condition.
UT Code § 57-22-5 (2019): Renter’s duties — Cleanliness and sanitation — Compliance with written agreement — Destruction of property, interference with peaceful enjoyment prohibited. (1) Each renter shall: (a) comply with the rules of the board of health having jurisdiction in the area in which the residential rental unit is located which materially affect physical health and safety; (b) maintain the premises occupied in a clean and safe condition and shall not unreasonably burden any common area; (2) A renter may not: (b) interfere with the peaceful enjoyment of the residential rental unit of another renter.
Neztsosie v. Meyer: A person who was feeding and watering a dog for a few days while its owners were away was not the dog’s “keeper” within the meaning of a statute imposing strict liability for injuries caused by dogs.
Follows the “one bite rule”
Vermont does not have a dangerous dog ordinance but has been shown the follow the one-bite rule.
9 V.S.A. § 4457: Landlord obligations; habitability (a) Warranty of habitability. In any residential rental agreement, the landlord shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation and that comply with the requirements of applicable building, housing, and health regulations.
9 V.S.A. § 4456: Tenant obligations; use and maintenance of dwelling unit (a) The tenant shall not create or contribute to the noncompliance of the dwelling unit with applicable provisions of building, housing, and health regulations. (b) The tenant shall conduct himself or herself and require other persons on the premises with the tenant’s consent to conduct themselves in a manner that will not disturb other tenants’ peaceful enjoyment of the premises.
Gross v. Turner: A landlord did not owe a duty of care under Restatement (Second) of Torts § 379A to plaintiffs to control or restrain her tenants’ dogs, as there was no evidence that she knew or had reason to know of the dogs’ vicious propensities at the time she entered into the lease, and she did not have a duty to actively inquire into the dogs’ history.
Follows the “one bite rule”
Virginia does not have a dangerous dog ordinance but has been shown the follow the one-bite rule.
VA Code § 55.1-1220 (2020): The landlord shall:1. Comply with the requirements of applicable building and housing codes materially affecting health and safety; 2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; 3. Keep all common areas shared by two or more dwelling units of a multifamily premises in a clean and structurally safe condition;
B. The landlord shall perform the duties imposed by subsection A in accordance with law; however, the landlord shall only be liable for the tenant’s actual damages proximately caused by the landlord’s failure to exercise ordinary care.
VA Code § 55.1-1227 (2020): A. In addition to the provisions of the rental agreement, the tenant shall: 1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; 2. Keep that part of the dwelling unit and the part of the premises that he occupies and uses as clean and safe as the condition of the premises permit; 12. Be responsible for his conduct and the conduct of other persons, whether known by the tenant or not, who are on the premises with his consent, to ensure that his neighbors’ peaceful enjoyment of the premises will not be disturbed; 15. Use reasonable care to prevent any dog or other animal in possession of the tenant, authorized occupants, or guests or invitees from causing personal injuries to a third party in the dwelling unit or on the premises, or property damage to the dwelling unit or the premises.
Walisser v. Harris: Pedestrian’s case against landlord arising from an attack by two dogs owned by the landlord’s tenant was dismissed because, the landlord had no duty to protect a passerby from tenant’s dogs. Pedestrian, in derogation of the common law, sought to place the tenant’s duties on landlord.
is a strict liability state
WA Rev Code § 16.08.040 (2020): Dog bites—Liability. The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.
WA Rev Code § 59.18.060 (2020): Landlord—Duties.
The landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular: (1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition endangers or impairs the health or safety of the tenant; (2) Maintain the structural components; (3) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident;
WA Rev Code § 59.18.130 (2020): Duties of tenant.
Each tenant shall: (1) Keep that part of the premises which he or she occupies and uses as clean and sanitary as the conditions of the premises permit; (5) Not permit a nuisance or common waste; (8) Not engage in any activity at the rental premises that is: (a) Imminently hazardous to the physical safety of other persons on the premises.
Saralegui Blanco v. Sandoval: Driveway where the plaintiff was injured was not a common area under the control of the landlords; thus the landlords did not owe a duty to the plaintiff as an invitee or licensee.
See also: Parrott v. Pinnacle Realty Mgmt. Co., Kelly v. Mayo, Frobig v. Gordon, Clemmons v. Fidler, Shafer v. Beyers, Jennings v. Seattle Hous. Auth., Deane-Gordly v. Willett
is a strict liability state
WV Code § 19-20-13 (2020): Any owner or keeper of any dog who permits such dog to run at large shall be liable for any damages inflicted upon the person or property of another by such dog while so running at large.
A landlord shall: (1) At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and shall thereafter maintain the leased property in such condition; and (2) Maintain the leased property in a condition that meets requirements of applicable health, safety, fire and housing codes, unless the failure to meet those requirements is the fault of the tenant, a member of his family or other person on the premises with his consent; and (3) In multiple housing units, keep clean, safe and in repair all common areas of the premises remaining under his control that are maintained for the use and benefit of his tenants; and (4) Make all repairs necessary to keep the premises in a fit and habitable condition, unless said repairs were necessitated primarily by a lack of reasonable care by the tenant, a member of his family or other person on the premises with his consent;
No cases found.
is a strict liability state
WI Stat § 174.02 (2020): Owner’s liability for damage caused by dog; penalties; court order to kill a dog. (1) Liability for injury. (a) Without notice. Subject to s. 895.045 and except as provided in s. 895.57 (4), the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property. (b) After notice. Subject to s. 895.045 and except as provided in s. 895.57 (4), the owner of a dog is liable for 2 times the full amount of damages caused by the dog biting a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement if the owner was notified or knew that the dog had previously, without provocation, bitten a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement.
WI Stat § 704.07 (2020) (2) Duty of landlord (a) Except for repairs made necessary by the negligence of, or improper use of the premises by, the tenant, the landlord has a duty to do all of the following. 1. Keep in a reasonable state of repair portions of the premises over which the landlord maintains control. 2. Keep in a reasonable state of repair all equipment under the landlord’s control necessary to supply services that the landlord has expressly or impliedly agreed to furnish to the tenant, such as heat, water, elevator, or air conditioning 3. Make all necessary structural repairs.
(3) Duty of tenant. (a) If the premises are damaged, including by an infestation of insects or other pests, due to the acts or inaction of the tenant, the landlord may elect to allow the tenant to remediate or repair the damage and restore the appearance of the premises by redecorating. However, the landlord may elect to undertake the remediation, repair, or redecoration, and in such case the tenant must reimburse the landlord for the reasonable cost thereof; the cost to the landlord is presumed reasonable unless proved otherwise by the tenant. (c) A tenant in a residential tenancy shall comply with a local housing code applicable to the premises.
Smaxwell v. Bayard: Summary judgment in favor of a landlord in a dog bite case involving a tenant’s dog was proper, because, as a matter of law, the landlord could not be held liable on common law negligence grounds for the acts of the tenant’s dogs.
See also: Ladewig v. Tremmel, Augsburger v. Homestead Mut. Ins. Co, Malone v. Fons, Struemke v. Mabrey, Hagenau v. Millard
Follows the “one bite rule”
Wyoming does not have a dangerous dog ordinance but has been shown the follow the one-bite rule.
WY Stat § 1-21-1202 (2020): Duties of owners and renters; generally. (a) Each owner and his agent renting or leasing a residential rental unit shall maintain that unit in a safe and sanitary condition fit for human habitation. Each residential rental unit shall have operational electrical, heating and plumbing, with hot and cold running water unless otherwise agreed upon in writing by both parties. Provided, however, this section shall not prevent the rental of seasonal rental units such as summer cabins which are not intended to have such amenities. (b) Each renter shall cooperate in maintaining his residential rental unit in accordance with this article.
WY Stat § 1-21-1203 (2020): Owner’s duties; notice by renter of noncompliance; duty to correct; exceptions; termination of rental agreement; liability limited. (a) To protect the physical health and safety of the renter, each owner shall: (i) Not rent the residential rental unit unless it is reasonably safe, sanitary and fit for human occupancy; (ii) Maintain common areas of the residential rental unit in a sanitary and reasonably safe condition…
WY Stat § 1-21-1204 (2020]: Renter’s duties.(a) Each renter shall: (i) Maintain the residential rental unit occupied in a clean and safe condition and not unreasonably burden any common area;
WY Stat § 1-21-1205 (2020): Prohibited acts by renter. (a) No renter shall: (ii) Interfere with another person’s peaceful enjoyment of the residential property;
Roberts v. Klinkosh: Plaintiff guest could not recover from defendant landlord for injuries suffered when bitten by a tenant’s pit bull dog, as defendant had no knowledge of the dog’s dangerous propensities and thus owed no duty to plaintiff.
Animal Farm Foundation (AFF) is a 501(c)3 nonprofit organization built on the principle that all dogs are individuals. Our Foundation relies on science-based information about animal behavior and public policy, including breed-specific legislation and housing insurance discrimination, derived from our subsidiary National Canine Research Council. AFF’s team offers regional and national initiatives that support dogs and the people who care for them in their communities.
NYS Department of Agriculture and Markets Shelter/Rescue Registration: RR286
