Law Office of Michael D. Waks

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

  • Home
  • Attorney Profile
  • Reviews
  • Practice Areas
    • Personal Injury Lawyer Long Beach
    • Personal Injury Lawyer Cardiff
    • Motor Vehicle
      • Auto & Car Accidents
      • Bus Accidents
      • Distracted Driving
      • DUI Victim
      • Motorcycle Accidents
      • Truck Accidents
      • Wrongful Death
    • Premises Liability
      • Construction Accidents
      • Premises Liability
      • Electrical Accidents
      • Private Property Accidents
      • Slip and Fall Accident
      • Swimming Pool Accidents
    • Other Practice Areas
      • Brain Injury
      • Burn Injury
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bite Accidents
      • Legal Malpractice
      • Pedestrian Accidents
      • Product Liability
      • Sexual Assault
      • Spinal Injury
  • Case Results
  • Videos
  • Resources
    • California Law Enforcement Information
    • California Personal Injury Laws and Statutory Rules
    • Other Resources
    • Personal Injury Law FAQs
    • Personal Injury Resources
    • Physical & Emotional Recovery Support
    • Southern California Courts
  • Blog
  • Contact Us

Is a Landlord Liable If A Tenant’s Dog Bites Someone?

July 6, 2018 by Michael Waks

Landlord liability for dog bites applies when the landlord knows of a dog's dangerous nature.California dog owners are responsible for all damages resulting from their dogs’ bites. That sounds straightforward. Unless you are the dog bite victim and the dog’s owner is a tenant without insurance. In that case, you may wonder about landlord liability for dog bites.

Determining liability is important to victims because the liable person must pay for the victim’s injuries. Dog bites can cause serious scarring and permanent damage. Injuries may require multiple surgeries. Dog bites can leave victims disfigured, blind, or fighting against life-threatening infections. Innocent victims should not have to pay for these problems.

Who Pays for Dog Bite Injuries?

The California Civil Code, Section 3342 explicitly states dog owners’ responsibilities if their dogs bite:

(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.

While this sounds like a powerful declaration of responsibility, it is only helpful to dog bite victims if the owner is able to pay for the injuries. What victims need is compensation for harm, not simply a statement of liability.

Many dog owners have homeowner’s insurance or general liability insurance, which covers dog bites. When a dog’s owner has insurance, the victim files a third-party claim with the dog owner’s insurance company. The claim includes the value of economic and non-economic damages.

Comparative Negligence Applies to Dog Bite Injuries

Even though the statutory liability sounds simple, the insurance company will likely look for ways to blame the victim. Insurance adjusters do this because they need to minimize the insurance company payout. In California, a pure comparative negligence state, any compensation for injuries is reduced by a percentage equal to the victim’s share of fault. So, if the insurance company can prove that the dog bite victim provoked the dog or ignored a warning not to approach the dog, the company will pay the victim less. An experienced dog bite attorney knows how to build a persuasive case and show that the dog bite victim was not negligent and did not contribute to his own injuries.

What is the Scope of Landlord Liability for Dog Bites?

Sometimes a dog owner does not have insurance, or his insurance doesn’t cover dog bites. Unfortunately, uninsured dog owners are also unlikely to have money or assets to pay for a victim’s injuries. In those situations, an experienced dog bite attorney can help identify other people who might share responsibility for the dog bite. In some cases, courts have found landlord liability for dog bites.

Proving landlord liability for dog bites requires the assistance of a seasoned dog bite lawyer. A clear statute does not exist, and court decisions depend on specific factual details. In general, if a landlord knows that a tenant’s dog has bitten someone in the past, the landlord is responsible for keeping third parties safe from the dog because the dog can be considered a dangerous condition on the property. The landlord’s duty to visitors also applies when the landlord knows of the dog’s vicious nature.

Importantly, a landlord will only be held liable if he is able to do something about the dog. A landlord cannot enter a tenant’s house and remove a dog, even if the dog is dangerous. Even with landlord liability for dog bites, landlords must follow rules for dealing with tenants.

The landlord could ask the tenant to remove the dog or serve a formal notice that the tenant is creating a nuisance. If the presence of a dangerous dog violates a lease condition, the landlord could begin eviction proceedings. This option depends on state and local landlord-tenant laws. The landlord could also file a report with local animal control authorities.

Landlords who know about a tenant’s dangerous dog must act to protect visitors. Legally available actions take time, though. A landlord will not be held liable if a victim is injured before the landlord could reasonably take action.

Landlord’s Responsibility to Help Secure Dangerous Dogs

Some courts have found landlord liability for dog bites even when the bites occur off the property. These are rare cases where a tenant’s dog escapes because of a hole in the fence or a broken gate. If the landlord is responsible for maintaining the property, including fencing, there might be landlord liability for dog bites.

In one case, Donchin v. Guerrero, the court said the landlord knew that the tenant’s dog was dangerous. The court said, “if the dog escapes the landlord’s property because of defects in that property, the landlord is liable for the off-site injuries.”

The terms of the lease and the tenant’s and landlord’s actions and words will help a court determine who is responsible for maintaining the fence or other barrier.

How a Long Beach Dog Bite Attorney Can Help

Your Injuries Are Personal To Me

If a dog bit you or a loved one, the dog’s owner should compensate you. Compensable injuries include psychological as well as physical pain. Many dog bite victims suffer fear and anxiety resulting from the dog’s attack. Your injuries are personal to me and I will not stop fighting until you receive the maximum compensation you are entitled to.

Call the Law Office of Michael D. Waks at 888-394-1174 today if you were the victim of a dog bite. Or use the convenient online contact form to schedule a free consultation. Learn how an experienced Long Beach dog bite lawyer can help if you’ve suffered a dog attack.

You will be under no obligation and you will never pay any money unless you recover compensation for your losses.

  • Author
  • Recent Posts
Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
Latest posts by Michael Waks (see all)
  • How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
  • How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
  • Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
Share here...
Avatar for Michael Waks

About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

Law Office of Michael D. Waks

Get a Free Consultation

  • Submission of this form does not create an attorney-client relationship.
  • This field is for validation purposes and should be left unchanged.

Testimonials

Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

– Eric G.‎
Read More Testimonials

Categories

  • Bicycle Accidents
  • Boating Accidents
  • Brain Injuries
  • Burn Accidents
  • Bus Accidents
  • Car Accidents
  • Construction Site Accidents
  • Disability
  • Distracted Driving Accident
  • Dog Bites
  • DUI Victim
  • Electrical Accidents
  • Government Entity Claims
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Private Property Accidents
  • Product Liability
  • Sexual Assault
  • Slip and Fall
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorists
  • Wrongful Death
– BACK TO TOP –

Visit Us

Long Beach Office
1 World Trade Center, Suite 800
Long Beach, California 90831
P: 562-206-1939
F: 562-676-4388
Get Directions

Cardiff Office
160 Chesterfield Dr., Suite 200
Cardiff, CA 92007
760-767-8031
Get Directions

Call Us

888-394-1174
SCHEDULE A FREE CONSULTATION
Personal injury lawyer Long Beach
Car accident lawyer Long Beach
Google Review
  • review_star
  • review_star
  • review_star
  • review_star
  • review_star

Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

— Joe M
  • facebook-app-symbol
  • twitter
  • linkedin
  • pinterest
  • youtube
  • Disclaimer
  • Privacy Policy
  • Scholarship
  • Sitemap

This website is for informational purposes only and should not be construed as providing formal legal advice.

Copyright © 2022 by Law Office of Michael D. Waks

Website & SEO By Sutton Digital Marketing