Co-Tenants May Be Responsible for Attack by Dogs Owned by Other Tenant

July 14, 2015

LVT Number: #26255

The family of a 4-year-old child sued three co-tenant housemates, their landlord, the Town of Hempstead, and the County of Nassau after the child was attacked by three dogs owned by one of the tenants. The dogs attacked the child in front of the child’s own house and chased him and his grandmother into the house. The dogs had escaped from the tenants’ backyard and were roaming the neighborhood. Tenants knew that the dogs had escaped previously but didn’t know how the dogs got loose that day.

The family of a 4-year-old child sued three co-tenant housemates, their landlord, the Town of Hempstead, and the County of Nassau after the child was attacked by three dogs owned by one of the tenants. The dogs attacked the child in front of the child’s own house and chased him and his grandmother into the house. The dogs had escaped from the tenants’ backyard and were roaming the neighborhood. Tenants knew that the dogs had escaped previously but didn’t know how the dogs got loose that day. Two of the tenants argued that they didn’t own the dogs, so they asked the court to dismiss the case against them. The court ruled for the two co-tenants and dismissed any claims against them.

The family appealed, and the appeals court reopened the case. The co-tenants could be strictly liable, even though they didn’t own the dogs, and if it could be shown that they also harbored the dogs and knew that they had vicious propensities. A trial was needed to determine the facts. 

 

 

 
Matthew H. v. County of Nassau: 2015 NY Slip p 05157, 2015 WL 3757090 (App. Div. 2 Dept.; 6/17/15; Dickerson, JP Chambers, Autsin, Sgrol, JJ)

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