Landlord Not Responsible for Tenant's Dog Biting Child

A visitor to tenant's house sued tenant and landlord after tenant's dog bit and injured her child. The landlord asked the court to dismiss the case, claiming that he wasn't responsible. The court ruled against landlord, who appealed and won. A landlord may be liable for any attack by a tenant's dog if the landlord had actual constructive knowledge of the animal's vicious propensities and maintains sufficient control over the premises to require the animal to be removed or confined. Landlord, who was tenant's uncle, wasn't at the house at the time of the incident or at any other time when the dog was there. He also was never informed about the incident and had no other knowledge of problems with the dog. So landlord wasn't responsible.

Craft v. Whittmarsh: 2011 NY Slip Op 02998, 2011 WL 1408401 (App. Div. 3d Dept.; Spain, JP, Stein, McCarthy, Garry, Egan, JJ)