Landlord Not Liable for Dog Bite

July 31, 2004

LVT Number: 17481

Tenant's roommate sued tenant and landlord for negligence after she was attacked and bitten by tenant's dog. Landlord argued that it wasn't responsible for the injuries and asked the court to dismiss the case against it without a trial. The court ruled for landlord. At pretrial questioning, the roommate stated that she played with the dog's toys after the dog acted aggressively toward her for doing so. The roommate also moved into the apartment, even though she knew of prior incidents of the dog's threatening people.

Tenant's roommate sued tenant and landlord for negligence after she was attacked and bitten by tenant's dog. Landlord argued that it wasn't responsible for the injuries and asked the court to dismiss the case against it without a trial. The court ruled for landlord. At pretrial questioning, the roommate stated that she played with the dog's toys after the dog acted aggressively toward her for doing so. The roommate also moved into the apartment, even though she knew of prior incidents of the dog's threatening people. The roommate assumed the risk of injury by living with the dog, even though she knew it could be vicious, and by continuing to play with the dog's toys after it became aggressive.

Gordon v. Roselli: NYLJ, 7/12/04, p. 19, col. 3 (Sup. Ct. Kings; Schmidt, J)

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