Landlord Not Responsible for Child's Injuries Caused by Tenants' Dog

The family of a plaintiff child, who had visited tenants at a one-family house tenants rented, sued tenants and landlord after the child was injured by tenants' dog. The plaintiff claimed that landlord was negligent. The court entered default judgment against tenants after they failed to appear in court. The court granted landlord's motion for summary judgment and dismissed the plaintiff's case against landlord without trial. To recover against a landlord for injuries caused by a tenant's dog bite, a plaintiff must prove strict liability, whereby landlord: (a) had notice of the dog on the premises; (b) knew or should have known that the dog had vicious propensities; and (c) had sufficient control of the premises to allow landlord to remove or confine the dog. In this case, landlord didn't own the dog, didn't know the plaintiff, tenants' lease and text communication with tenants had prohibited tenants from keeping a dog, and the dog's presence at the house as well as any prior behavioral problems were unknown to landlord. Landlord wasn't responsible for the injuries caused by tenants' dog.

AI v. Minfen Chen: Index No. 150091/2022, 2024 NY Slip Op 50731(U)(Sup. Ct. Richmond; 6/14/24; Castorina Jr., J)