Recent Case Clarifies Landlord Liability for Dog Bites in Massachusetts

November 7, 2009

A recent case decided by a Massachusetts appellate court clarifies some questions surrounding the liability of landlords when one tenant's dog bites another tenant.

November 07, 2009 /24-7PressRelease/ -- Recent Case Clarifies Landlord Liability for Dog Bites in Massachusetts

Article provided by Law Offices of Joseph J. Cariglia, P.C.
Visit us at http://www.cariglia.com

A recent case decided by a Massachusetts appellate court clarifies some questions surrounding the liability of landlords when one tenant's dog bites another tenant. In Nutt v Florio, a ten-year-old boy, Killian Nutt, was bitten by a co-tenant's pit bull when he was playing outside. As a result of the bites, the boy had to spend four nights in the hospital. The injured boy and his parents sued both the dog's owner and the landlords of the four-family house where Nutt and the dog owner lived.

The Nutts alleged that they had contacted landlord Emil and Clara Florio several times about the dog's aggressive behavior. They told the Florios that they were concerned because the dog's owner did not keep the dog on a leash or otherwise restrain it. They also expressed concern about their children's safety around the dog, which had mounted them on several occasions.

As a general policy, the landlords did not allow tenants to own pets without receiving pre-approval. The pit bull's owner had not received the required approval from the landlords.

The lower court, however, found that the Nutts had presented insufficient evidence to prove that the dog had dangerous propensities or that the landlords had acted negligently. Instead, the court found that the Nutts' fears about the dog were subjective and dismissed the case on summary judgment.

Massachusetts Dog Bite Laws

Under the common law, dog owners only are liable for dog bites if they knew or reasonably should have known that their pet had "dangerous propensities." In other words, the dog owner only could be liable if he or she acted negligently.

However many states, including Massachusetts, have passed dog bite laws that hold dog owners strictly liable for the bad acts of their animals. This means that the dog owner is legally responsible for a dog bite regardless of whether the owner knew of the animal's dangerous propensities beforehand and regardless of any negligent acts on the part of the owner.

Negligence still is the standard for proving that a third party (i.e. someone other than the dog's owner) is liable for a dog bite. In the Nutt case, the plaintiffs had the burden of proving:
-The landlord owed them a duty of care to reasonably protect them from the dog
-The landlord breached this duty of care
-As a result of this breach, the plaintiff was injured

The Superior Court found that the Nutts did not meet their burden of proof. Unhappy with the lower court's opinion, the Nutts appealed the case only on the question of the landlord's liability.

The Appellate Court's Decision

The appellate court reversed the lower court's decision to dismiss the case on summary judgment, finding that there were genuine issues of material fact concerning the landlord's liability that needed to be resolved by a jury. Procedurally, negligence cases generally are not decided on summary judgment because they concern factual questions that must be answered by a jury and not a judge.

More specifically, the court found that there were unresolved factual issues concerning:
-Whether the dog had dangerous propensities
-Whether the landlords knew or reasonably should have known that the dog was dangerous
-What actions, if any, the landlords should have taken to protect their tenants from the dog

The appellate court also asserted that while the dog's breed alone was not enough to hold the landlord liable for the bite, the dog's breed should be considered in determining whether they acted negligently, as pit-bulls are widely known to be dangerous and aggressive. Accordingly, the court sent the case back to the lower court so a jury could make these determinations.

Conclusion

Landlords and other third parties can be held responsible for dog bites. If you have been injured by a dog bite, you may be entitled to compensation for your injuries. Contact an experienced attorney today for more information on your legal options.

Article provided by Law Offices of Joseph J. Cariglia, P.C.
Visit us at http://www.cariglia.com

---
Press release service and press release distribution provided by http://www.24-7pressrelease.com