Real Estate Investor · Orange Park, FL · Member since 2009 · 14 posts · 1 vote
If a tenant has a dog they keep on the property, and that dog escapes onto the road and causes damage to someones car, is the landlord also liable? Assume the tenant has no renters or other liability insurance.
Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
15y
No, but I'm in a very Red area, now if it were in a Baby Blue area, they might go so far as holding the dog food maunfacture just as responsible as the landlord.
IMO, no, the landlord has to have a degree of negligence for contributory negiligence to be applied. Is that breed know for running in front of cars causing more damage than other breeds? Should a reasonable person know that the tenenat had a suicidal dog that would intentionally tackle a car?
If you are going to the landlord's upkeep of his fence, I don't see that as a claim by a third party but by the tenant, but he would need to show that he relied on that fence to keep his dog inside and that he was not aware that the fence was in poor repair or unfit for the assumed purpose.
If I had a tenant that brought that claim or any third party, my first defense would probably be to laugh!
Are you going to tell us some judge held someone held a landlord responsible? LOL (He was probably smoking something!)
Real Estate Investor · Orange Park, FL · Member since 2009 · 14 posts · 1 vote
15y
Let's say in this instance the landlord's property has frontage on a four-lane rd and the dog runs off of the property and into the four-lane, being struck by a vehicle and damaging the vehicle? Let's say a police report is written with the tenant/dog owner listed as the violator/responsible party.
Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
15y
No, but I'm in a very Red area, now if it were in a Baby Blue area, they might go so far as holding the dog food maunfacture just as responsible as the landlord.
IMO, no, the landlord has to have a degree of negligence for contributory negiligence to be applied. Is that breed know for running in front of cars causing more damage than other breeds? Should a reasonable person know that the tenenat had a suicidal dog that would intentionally tackle a car?
If you are going to the landlord's upkeep of his fence, I don't see that as a claim by a third party but by the tenant, but he would need to show that he relied on that fence to keep his dog inside and that he was not aware that the fence was in poor repair or unfit for the assumed purpose.
If I had a tenant that brought that claim or any third party, my first defense would probably be to laugh!
Are you going to tell us some judge held someone held a landlord responsible? LOL (He was probably smoking something!)
Investor · Round Rock, TX · Member since 2010 · 8k+ posts · 4k+ votes
15y
This sounds like a test question from a business law class!
The only way I could see the landlord being held responsible is it the fencing was inadequate some way. Absent something like that I can't see how the landlord would be held liable for the tenant's negligence.
This is a good reason to have an umbrella policy though...although I am not sure that it would be covered.
Real Estate Investor · Orange Park, FL · Member since 2009 · 14 posts · 1 vote
15y
Originally posted by Bryan Hancock:
This sounds like a test question from a business law class!
The only way I could see the landlord being held responsible is it the fencing was inadequate some way. Absent something like that I can't see how the landlord would be held liable for the tenant's negligence.
This is a good reason to have an umbrella policy though...although I am not sure that it would be covered.
Yes that's the issue in this situation. The property is direct frontage on the major four-lane road and there is NO fence at all. I was thinking that would be the only tie-in for the landlord being held responsible.
Realtor · Fresno, CA · Member since 2013 · 471 posts · 225 votes
15y
I think this happened to a member of BP recently. In a post he was asking about it because he was getting sued for a dog the tenant was not even supposed to have. Someone got bit and the owner found himself in the crosshairs. Maybe someone else remembers who that was.
Real Estate Investor · Orange Park, FL · Member since 2009 · 14 posts · 1 vote
15y
Originally posted by Jayme Tlaloc:
I think this happened to a member of BP recently. In a post he was asking about it because he was getting sued for a dog the tenant was not even supposed to have. Someone got bit and the owner found himself in the crosshairs. Maybe someone else remembers who that was.
Yes I remember that thread and that's why I thought to post here. The poster never did state what became of that situation although I know he was looking to evict that tenant.
Investor · Round Rock, TX · Member since 2010 · 8k+ posts · 4k+ votes
15y
Have you tried calling an insurance agent to see whether or not an umbrella policy will cover this? That is how I would handle it instead of building a fence. The policies are dirt cheap for the protection you get.