If you were bitten by a tenant's dog, the landlord may share liability for your injuries—but only under certain circumstances. Landlord liability for dog bites depends on what the landlord knew about the dog and what control they had over the property. Understanding these factors helps determine whether you have a viable claim against the property owner.
When Landlords May Be Liable
Generally, landlords are not automatically liable for injuries caused by their tenants' dogs. However, landlords may be held responsible when they knew or should have known about the dangerous dog and failed to take action.
Key factors that establish landlord liability include:
Knowledge of the dog's dangerous propensities: If the landlord knew the dog had bitten before, acted aggressively, or posed a danger—and did nothing—they may share liability.
Control over the premises: Landlords who retain control over common areas (hallways, yards, parking lots) may be liable for attacks in those spaces if they knew about the dangerous dog.
Lease violations: If the lease prohibited dogs or required specific breeds/sizes, and the landlord knew about the violation but didn't enforce it, they may face liability.
How Landlords Gain Knowledge
Landlords can acquire knowledge of a dangerous dog through various means:
Complaints from neighbors: Other tenants reporting aggressive behavior, barking, lunging, or near-misses creates knowledge the landlord should act upon.
Prior bite incidents: If the dog bit anyone on the property and the landlord was informed, they clearly knew of the danger.
Personal observation: A landlord who visited the property and saw the dog act aggressively has firsthand knowledge.
Insurance claims: Prior claims filed against the tenant's renter's insurance for dog-related incidents may trigger landlord knowledge.
Landlord Duties After Learning of Danger
Once a landlord knows about a dangerous dog, they have a duty to act. Reasonable actions might include: requiring the tenant to remove the dog, enforcing existing no-pet or dangerous-breed provisions, requiring the tenant to carry liability insurance, restricting the dog from common areas, or not renewing the tenant's lease.
A landlord who knew about a dangerous dog and did nothing—especially if they allowed the tenant to continue keeping the dog to avoid confrontation or vacancy—may be liable for injuries that result.
Common Area Injuries
Landlords face greater liability for attacks in common areas under their control. If you were bitten in a shared hallway, stairwell, parking lot, courtyard, or other common space, the landlord's responsibility increases. They have a duty to maintain safe common areas, which includes addressing known dangerous animals.
Lease Provisions and Enforcement
Many leases contain provisions about pets—prohibiting them entirely, restricting certain breeds, requiring liability insurance, or imposing size limits. When landlords fail to enforce these provisions after learning of violations, they may become liable for resulting injuries.
Conversely, landlords who actively enforce pet provisions—requiring removal of dangerous dogs, evicting tenants who violate pet policies—demonstrate they're taking reasonable steps to protect others.
Landlord Defenses
Landlords typically argue they had no knowledge of the dog's dangerous nature. They may claim they never received complaints, never saw the dog act aggressively, and had no reason to believe it posed a danger. Without evidence that the landlord knew or should have known about the risk, claims against them usually fail.
Landlords may also argue they took reasonable steps after learning of the danger—issuing warnings, requiring insurance, or beginning eviction proceedings—and thus fulfilled their duty.
Proving Landlord Liability
Building a case against a landlord requires evidence of their knowledge. Useful evidence includes:
Written complaints: Emails, letters, or texts from tenants reporting the dog's aggressive behavior.
Maintenance records: Notes from maintenance staff who encountered the dog.
Incident reports: Prior dog-related incidents on the property.
Lease documents: Pet policies that weren't enforced.
Testimony: Statements from neighbors who reported concerns to management.
Statute of Limitations
Time limits apply to claims against landlords, typically two to three years from the bite date depending on your state. However, some jurisdictions have shorter deadlines for negligence claims. File promptly to preserve your rights.
Insurance Coverage
Landlords typically carry liability insurance that may cover tenant dog bite claims—but only if the landlord is found liable. The tenant's dog owner liability (through renters' or homeowners' insurance) usually provides primary coverage; landlord liability is typically secondary and contingent on proving the landlord's fault.
Getting Legal Help
Landlord liability claims require careful investigation. An attorney can subpoena records, interview witnesses, and build evidence of what the landlord knew and when. If the landlord had knowledge and failed to act, you may recover additional compensation beyond what the dog owner alone can provide.