Landlords: Beware of Vicious Pets on Your Premises

Many people followed with interest the news accounts of the recent trial in San Francisco of two apartment tenants whose dogs attacked and killed another tenant in a hallway of their building. One of the key themes developed by the prosecution was that the dogs' owners knew, or should have known, of their dogs' dangerous propensities based on prior incidents involving overly aggressive behavior by the dogs. In Texas, dog owners are held to a "strict liability" standard for injuries caused to others by their dog, if the owner has actual or constructive knowledge of the dog's vicious nature. Property owners and managers can also be the target of liability claims in the aftermath of such attacks. Texas landlords should take heed of this potential problem and do what they reasonably can to prevent similar occurrences on their properties.

Under Texas law, a landlord can be held liable for injuries inflicted on tenants or other invitees in common areas by vicious dogs, if the landlord had actual or imputed knowledge of the vicious nature of the animals. This liability is based on a landlord's duty to keep common areas reasonably safe for the use of tenants and their guests. Liability will be assigned to a landlord if 1) the injury occurred in a common area under the control of the landlord, and 2) the landlord had actual or imputed knowledge of the particular dog's vicious tendencies.

To prove her case, a plaintiff must present evidence that the landlord knew or should have known of the dangerous propensities of the particular dog that bit her. It will not be sufficient to show that she had complained about other dangerous or uncontrolled dogs on the premises. The likely witnesses in a case of this nature would be the victim, other residents who may have complained about the dog in question prior to the attack on the plaintiff, the owner of the dog that attacked plaintiff and the property management staff. The lease file of the dog's owner would be reviewed by plaintiff's attorney for relevant evidence. Also, the plaintiff's attorney would ask to review the property rules as well as the lease files of other tenants who had complained about the vicious dog.

Property owners and management staff should be alert for any reports of vicious dogs on leased premises and should act quickly to have such dogs removed from the property. Landlords and managers should also ensure that property rules and regulations require tenants to keep pets on a leash at all times when they are in any common area. Problems with a tenant regarding a pet should be documented in the tenant's file.

If you have any concerns about potential problems of this type, you should consult an attorney.
  

For further information on this topic, please contact Beth Tiggelaar at beth.tiggelaar@strasburger.com.

     
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