Landlords often hesitate to rent to people with dogs for several reasons, including fear of liability for a dog bite. The concern is justified in California and elsewhere. In California, while the general rule is that the dog’s owner is solely responsible for injuries the dog may cause, landlords can also be sued in limited circumstances when a tenant’s dog bites someone. Here is an overview of those scenarios, and some suggestions on minimizing potential liability.

Landlord Has Actual Knowledge Of Dog’s Dangerous Propensities

A California landlord can be sued for damages caused by a dog bite if the landlord had actual knowledge that the dog is dangerous. Proof that the landlord “should have” known of the dog’s dangerous propensities is insufficient to establish liability in California unless the landlord is a commercial (as opposed to residential) rental property owner.

The actual knowledge standard is typically met with evidence that the landlord knew the dog bit another individual (or animal) in the past. If such knowledge exists and the landlord fails to take steps to remove the dog from the property, he or she can be liable to the victim of the dog bite under California law.

Landlord Is “Harboring” A Dog

A landlord can also be liable for a dog bite if they are taking care of the dog or “harboring” it. This covers situations where the landlord owns the dog, or where the landlord cares for a tenant’s dog by feeding, controlling or supervising the dog in some manner. In those scenarios the landlord is usually treated as the functional equivalent of the dog’s legal owner and therefore subject to liability for the dog bite.

Landlord’s Negligence Allows Dog To Escape Confinement

Another basis for a landlord’s dog bite liability is where the landlord did, or failed to do something that contributed to the dog’s escape from confinement. This theory of liability typically involves scenarios where the landlord breached a duty of repairing a fence or gate latch, which permitted the dog to escape and injure another individual. The landlord may be liable in California even if the dog bite occurred away from the landlord’s property, if it can be proven the defect on the landlord’s property was known by the landlord but not fixed.

How To Minimize Dog Bite Liability

If you allow dogs on your property, its essential to take the necessary steps to minimize potential liability. If you rent to a tenant who owns a dog, your lease should have a comprehensive “dog clause” outlining the tenant’s obligations arising from dog ownership. Specifically, the clause can require the tenant to defend and indemnify you against any lawsuits because of damage by his pets or his guests’ pets, and/or enable the landlord to evict the tenant who has a dangerous animal of any kind.

You can also require the tenant to carry renter’s insurance with adequate coverage for any injuries that could occur. Be certain your own insurance covers damages from dogs and that the dog is not a dangerous breed excluded from coverage. You should also make sure to check fences and gates surrounding the dog on a regular basis and immediately rectify any perceived problems with enclosures.

Conclusion

Generally speaking, a landlord is not liable for injuries to another caused by a tenant’s dog. However, there are exceptions to this general rule. Various California courts have found liability on the part of the landlord where the landlord has actual knowledge of the dog’s dangerous propensities, is caring for the dog, or negligently maintains the premises which allows the dog to escape and inflict harm on another individual. The best ways to minimize liability is by inclusion of a “dog clause” in the rental agreement, and by requiring your tenant to maintain renter’s insurance covering dog bites.

Please contact us with any questions on the above issues. We can be reached at 888-441-2355 or by email at infor@lynxlegal.com. Our experienced professionals are standing by to answer any inquiries you may have.