California Dog Bite Law Landlord

Because states can change their laws at any time it s always a good idea to check the current california statutes using this.
California dog bite law landlord. Code 3342 essential factual elements free legal information laws blogs legal services and more. There are exceptions to a dog owner s liability though. For example the landlord might have been taking care of the dog or might have failed to repair a gate or fence. In short if a landlord had knowledge that a dog posed a real threat to others the landlord could be held liable.
In a residential landlord case with a tenant owned dog that bites another causing bodily injury the california court noted that a landlord could still be liable for the tenant owned dog. A dog bite victim in. Civil code 3342 is the calfornia dog bite statute it outlines when dog owners are responsible for injuries caused by their dog. Knew the dog was dangerous.
The landlord may be liable in california even if the dog bite didn t occur on the property if it can be proven the defect was known by the landlord but not fixed. Allowing a dog to escape. Justia california civil jury instructions caci 2017 463. Phillips speaks from vast experience as the author of dog bite law and the only lawyer in the usa who has done nothing but dog bite cases since the 1990s.
Landlord liability for dog bites inflicted by tenant s dog under some circumstances a california landlord can be held liable when a dog belonging to a tenant bites a person. For parents of dog bite victims. A landlord has no duty to warn a prospective tenant of the presence of. A duty of care may not be imposed on a landlord without proof that he knew of the dog and its dangerous propensities.
If a landlord gives permission for a tenant to keep a dog on the property and then defects on the property such as a rotten board on a fence allow the dog to escape and bite someone the landlord may be liable even if the bite did not take place on the landlord s property. The dog had bitten or attacked someone and the landlord was aware of the attack. Because the harboring of pets is such. Model dog bite laws.
Unlike other states california holds dog owners strictly liable for dog bites this means they can have to compensate victims even if their dog showed no prior signs of aggression. In the pages linked below read about liability for dog bites in california. Take precautions while in most instances a dog s owner is liable for any injuries the dog causes if you allow dogs on your property its essential to take the necessary steps to. If the landlord chooses to allow the animal to remain on the property knowing that it could be a threat to the safety of all tenants and anyone else who may.