Landlord Not Liable for Dog Bite

August 31, 2001

LVT Number: 15278

Tenant sued another tenant and landlord when other tenant's pit bull attacked tenant's child. Landlord asked the court to dismiss the case against landlord without a trial. The court ruled for landlord. Tenant appealed and lost. For landlord to be liable, tenant must prove that landlord knew that other tenant kept the dog and knew or should have known that the dog was vicious. There was no proof of either of these things, so the lower court properly dismissed the case against landlord.

Tenant sued another tenant and landlord when other tenant's pit bull attacked tenant's child. Landlord asked the court to dismiss the case against landlord without a trial. The court ruled for landlord. Tenant appealed and lost. For landlord to be liable, tenant must prove that landlord knew that other tenant kept the dog and knew or should have known that the dog was vicious. There was no proof of either of these things, so the lower court properly dismissed the case against landlord.

Baisi v. Gonzalez: NYLJ, 8/13/01, p. 33, col. 4 (App. Div.2 Dept.; O'Brien, JP, Krausman, Goldstein, Schmidt, Crane, JJ)

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