Landlords Have a Duty to Protect Tenants from Vicious Dogs That They Know About

Florida Statute § 767.04 makes the dog owner strictly liable for any injuries caused by their dog. However, dog bite victims can also sue a non-dog owner such as landlords and/or business owners under the theory of common law negligence, notwithstanding Florida Statute § 767.04. Landlords are liable for dog bites that occur on their premises to its co-tenants, invitees and other persons on their property. The Florida Supreme Court has held that a dog-bite victim may sue a non-owner of a dog upon a theory of common law negligence. Noble v. Yorke, 490 So. 2d 29 (Fla. 1986). The courts have held that a landlord has a duty to protect its tenants and invitees in connection with a vicious dog of which the landlord has knowledge. White v. Whitworth, 509 So. 2d 378, 380 (4^th DCA 1987). A landlord who recognizes and assumes the duty to protect co-tenants from dangerous propensities of a tenant's pet is required to undertake reasonable precautions to protect co-tenants and invitees from reasonably foreseeable injury occasioned thereby. Cf. Lambert v. Doe, 453 So. 2d 844 (1^st DCA 1984).

In order to prove that a landlord is liable for the dog bite under a cause of action of negligence one most prove that the defendant landlord had actual knowledge of the vicious nature of the tenant’s dog or such knowledge can be imputed to the landlord. In Giaculli v. Bright,584 So. 2d 187 (5^th DCA 1991) the court found that the land owners and the management company had notice that a tenant had a pit bull chained in her back yard, which was barking and lunging at children two days before the actual attack. The fact that the dog was barking and lunging, particularly in light of the characteristics of pit bulls, is sufficient for a jury to reasonably conclude that the landlord was on notice of the vicious propensity of the dog. Two, a plaintiff also must prove that the landlord failed to exercise reasonable care to prevent the animal from causing foreseeable injuries to persons such as co-tenants or invitees that are on the landlord’s property for personal or business reason. Three that the landlord failed to exercise reasonable care to protect co-tenants or other invitees. Finally, that the landlord’s failure to exercise reasonable care was the legal cause of the injuries.

Not only can you sue the owner of the dog if you are injured by dog bite. You can only sue the landlord and/or business owner of a property. Always consult a lawyer before you make any decision on whether to pursue a case involving a dog bite.

Lina M. Lopez, Burnetti, P.A.