Dog Bites if the Owner is Renting

 

 

dog bite attorney

Attacks that occur off the landlord's premises

 

If a dog attacks a person and the dog owner is a renter without homeowner insurance, can you sue the landlord for your injuries?

 

This question arose in Tran v. Bancroft, 648 So. 2d 314 (Fla. 4th DCA 1995). It was held that a landlord has no duty to third parties for injuries caused by a tenant's dog where those injuries occur off the leased premises. In Tran, a landlord leased a single-family home to a tenant who owned a dog known to the landlord to be vicious and over which the landlord could have exercised control. The dog jumped over the fence and bit a child in the neighboring yard. It was held that the victim had no remedy because the landlord had no duty to protect against harm occurring off the landlord's premises.

 

Under certain circumstances, however, a landlord can be held liable for a dog attack that occurs off the premises. In Ramirez v. M.L. Management Co., Inc., 920 So.2d 36 (Fla. 4th DCA 2005), a landlord was held liable for a dog attack which occurred off the premises but in an adjacent park that the landlord had advertised as an amenity of the premises. The court reasoned that "there was evidence from which a jury could conclude that the landlord "extended its operation" to the park, by advertising it as an amenity next to the complex and inviting its tenants to take advantage of it as part of the amenities."

 

If yoou or someone you love has been injured by a dog Michael E. Seelie will gather the necessary data, and determined the extent of the injury and will know both the best way to proceed and the range of value the claim possesses.

 

Most dog bites occur to children. In Florida, financial recovery on behalf of a child in a dog bite injury claim is placed in a protective account until the child is 18 in most circumstances. Ensuring that the recovery for your child is maximized and properly structured to provide full benefit to your child's future is an extraordinarily important reason to seek legal counsel.