Tenant's Dog Attacked Child

January 1, 2011

LVT Number: #23112

A neighbor sued landlord and tenant after tenant's pit bull dog attacked the neighbor's child, requiring 145 stitches in the child's leg. Landlord claimed that he wasn't responsible and asked the court to dismiss the case against him. The court ruled against landlord. A trial was needed to determine whether the dog had a vicious disposition and whether landlord knew or should have known this. Landlord knew that tenant kept two dogs and had asked tenant to remove them or face eviction. But landlord didn't follow up.

A neighbor sued landlord and tenant after tenant's pit bull dog attacked the neighbor's child, requiring 145 stitches in the child's leg. Landlord claimed that he wasn't responsible and asked the court to dismiss the case against him. The court ruled against landlord. A trial was needed to determine whether the dog had a vicious disposition and whether landlord knew or should have known this. Landlord knew that tenant kept two dogs and had asked tenant to remove them or face eviction. But landlord didn't follow up. The neighbor also claimed that he had complained to landlord about the dogs and that landlord witnessed one of the dogs chase the neighbor and growl at him.

Bailey v. Yepez: Index No. 19949/08, NYLJ No. 1202476514058 (Sup. Ct. Nassau; 12/6/10; Lally, J)

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