When a dog bites hard enough to injure someone, the injured party often sues. The dog's owner is usually liable, but in cases where the dog was on rented property, the landlord may also be liable. California law says that the landlord is liable for dog bites on his property if the incident occurred due to the landlord's negligence.
Negligence
Landlords may be held liable for tenant dog bites in California if their negligence contributed to the incident. For example, if a landlord procrastinates about getting a fence around the property repaired and a dog enters the property through the broken fence, if the dog then bites a tenant the landlord may be liable. Similarly, if the landlord knew a tenant's dog to be vicious and did not take steps to remove the dog from the property, the landlord may be liable.
Off-Site Injuries
Landlords may be liable for dog bites that occur outside of the property if the dogs came from their property and escaped it due to negligence. For example, if a tenant's dog leaves the property through a broken fence, the landlord may be liable, but if the tenant is walking the dog on a leash, the landlord is not liable because he could not have prevented the incident.
Commercial Landlords
Commercial landlords in California are required to inspect property to determine possible hazards, while residential landlords or not. Thus, if a commercial landlord allows a tenant to have a dog without inspecting the premises to ensure that the dog is not vicious, the commercial landlord can be held liable. Commercial landlords may also be liable for dog bites if they inspected the property but did not take action to remove an animal that they determined was dangerous to tenants.
Protect Yourself
Landlords should be cautious about allowing tenants to own dogs. They may place limits on the size or breed of the dog to minimize the risk of tenants bringing vicious animals onto the property. Landlords should also repair all fences or other structures as needed so that tenants' dogs cannot leave the property unattended and require tenants to keep dogs on leashes outside of the tenant's rental unit. Commercial landlords should inspect the premises regularly, including checking on dogs to ensure they are not vicious. Both commercial and residential landlords should revoke permission for a tenant to keep any dog believed to be vicious and contact their attorney if the tenant refuses to do so.
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