Person Attacked by Tenant's Dog Can Sue Landlord

A woman who was injured after a tenant's dog bit her sued the building's landlord. Landlord asked the court to dismiss the case, claiming that it wasn't responsible for the dog bite. The court ruled against the woman, who appealed and the case was reopened. To recover damages against a landlord for injuries caused by a tenant's dog, a plaintiff must show that the landlord: (a) had notice that tenant kept the dog; (b) knew or should have known that the dog had vicious propensities; and (c) had sufficient control of the premises to allow the landlord to remove or confine the dog. In this case, landlord failed to submit proof sufficient to show either that the dog wasn't vicious or that it didn't know or have reason to know of the dog's vicious propensities. Landlord merely submitted a transcript of the plaintiff's deposition testimony, which showed only that the victim herself wasn't aware of the dog's behavior generally or what landlord knew about the dog's general disposition or behavior. 

Hunt v. Public Adm'r of Kings County: Index No. 2018-04274, 2020 NY Slip Op 00110 (App. Div. 2 Dept.; 1/8/20; Austin, JP, Leventhal, Roman, LaSalle, JJ)