Landlord Not Responsible for Dog Bite

January 26, 2015

LVT Number: #25952

Tenant's acquaintance sued tenant and landlord after tenant's dog bit the acquaintance on the hand. The court granted landlord's request to dismiss the case as against landlord. The dog was in tenant's car near the driveway of the acquaintance at the time that the acquaintance was speaking with tenant. This was several miles away from tenant's apartment. It didn't matter, as landlord claimed, that tenant no longer lived in the apartment. Under these circumstances, landlord had no duty to the acquaintance to prevent the dog bite.

Tenant's acquaintance sued tenant and landlord after tenant's dog bit the acquaintance on the hand. The court granted landlord's request to dismiss the case as against landlord. The dog was in tenant's car near the driveway of the acquaintance at the time that the acquaintance was speaking with tenant. This was several miles away from tenant's apartment. It didn't matter, as landlord claimed, that tenant no longer lived in the apartment. Under these circumstances, landlord had no duty to the acquaintance to prevent the dog bite.

Ferrara v. Ball: Index No. 601017/13, NYLJ No. 1202713355710 (Sup. Ct. Nassau; 12/26/14; Marber, J)

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