Landlord Not Responsible for Dog Bite by Tenant's Dog
LVT Number: #30196
Plaintiff sued landlord for damages from injuries she received when she was bitten by a dog owned by tenants in a house owned by landlord. She also claimed that landlord was negligent. The court denied landlord's request to dismiss the case. Landlord appealed and won. A landlord can be held strictly liable for injuries caused by a tenant's dog when landlord: (a) had notice that tenant kept a dog; (b) knew or should have known that the dog had vicious propensities; and (c) had sufficient control of the premises to allow landlord to remove or confine the dog.
Toher v. Duchnycz: 97 N.Y.S.3d 901, 2019 NY Slip Op 03487 (App. Div. 4 Dept.; 5/3/19; Whalen, PJ, Centra, DeJoseph, Curran, Winslow, JJ)