Can Landlords Be Liable for Tenant Pit Bull Attacks?

Imagine you’re a landlord in California, and one of your tenants has a pit bull.

If that dog attacks someone on your property, could you be held liable for the injuries? It’s a serious question that every landlord should consider, as the consequences can be significant.

Read on to explore whether a victim can hold a California landlord liable for a tenant’s pit bull attack and what you can do to protect yourself and others from tenant dog bites.

California’s Dog Bite Law

Under Cal. Civ. Code § 3342, dog owners are strictly liable for any damages caused by their dogs, regardless of whether the owner had prior knowledge of the dog’s vicious tendencies.

This rule means that if a tenant’s pit bull bites someone, the tenant, as the dog’s owner, can be held responsible for the resulting injuries. But is the landlord also liable?

Landlord Liability for Tenant’s Dog Bites in California

California courts have ruled that landlords can be liable for a tenant’s dog bite under certain circumstances.

Under UCCELLO V. LAUDENSLAYER (1975), PORTILLO V. AIASSA (1994), DONCHIN V. GUERRERO (1995), and YUZON V. COLLINS (2004), landlords may be liable if they:

Had actual knowledge of the dog’s “vicious propensities.”
Had the power to have the dog removed from the premises.

Knowledge is key

In other words, if a landlord knows that a tenant’s pit bull is dangerous and has the authority to have the dog removed but fails to do so, the attack victim could hold the homeowner liable for damages if the dog bites someone.

FOR EXAMPLE – In the case of Donchin v. Guerrero, a California court found a landlord liable for pit bull attack injuries because the person had received complaints about the dogs’ aggressive behavior but failed to take action to evict the animal’s owner from the property.

On the other hand, some courts have found that landlords were not liable in cases where the owner lacked the power to remove the dog.

Establishing a Landlord’s Knowledge of a Dangerous Dog

So, what constitutes “actual knowledge” of a dog’s vicious propensities?

The PORTILLO Court considered several factors, such as:

Previous complaints about the dog’s aggressive behavior.
Prior attacks or bites by the dog.
Observable signs of aggression, such as growling, snapping, or lunging.

As a landlord, you must take tenant complaints about a potentially dangerous dog seriously.

If you receive reports that a tenant’s pit bull has displayed aggressive behavior, document the complaints and promptly address the situation.

Landlord’s Duty to Remove a Dangerous Dog

Once landlords know a dangerous dog is on the property, they have a duty to take action to protect tenants and visitors from potential harm.

This obligation may involve:

Requiring the tenant to remove the dog from the premises.
Initiating eviction proceedings if the tenant refuses to comply.
Taking legal action to have the dog removed.

Failing to take prompt action to remove a known dangerous dog could expose a landlord to liability if the dog subsequently attacks someone.

Landlord’s Responsibility to Maintain Safe Premises

In addition to the duties related to removing dangerous dogs, landlords are generally responsible for maintaining safe premises for tenants and visitors.

This obligation includes taking reasonable steps to protect against foreseeable harm, such as that posed by a vicious pit bull.

If a landlord fails to give public notice (through signage or other means) that a known dangerous dog is on the property and the animal injures someone afterward, the courts may find the landlord breached their duty to maintain safe premises.

Landlord’s Duty to Investigate and Monitor Tenant’s Dogs

The UCCELLO Court held that landlords have a duty to exercise reasonable care in investigating and monitoring their tenant’s dogs, especially if they have reason to believe a dog may be dangerous.

Gathering information

This ruling means taking proactive steps to gather information about a tenant’s dog, such as:

Asking other tenants about the dog’s history and any prior incidents of aggression.
Requiring veterinary records to verify the dog’s breed and health.
Observing the dog’s behavior during property inspections.

Looking for warning signs

If you have reason to suspect that a tenant’s pit bull may pose a danger, the law obligates you to investigate further.

Red flags that should prompt a closer look include:

Tenant complaints about aggressive behavior.
Reports of the dog growling, snapping, or lunging at people.
Visible signs of neglect or abuse.

By actively investigating and monitoring tenants’ dogs, you can better assess potential liability risks and take appropriate action to mitigate those risks.

Failing to do so, particularly if the dog has a known history of aggression or is a breed with a reputation for causing severe injuries, could leave you vulnerable to liability if the dog attacks someone.

Breed Restrictions and Landlord Liability

Some California cities and counties have breed-specific legislation (BSL) that may impact a landlord’s liability for renting to people who own certain dog breeds, including pit bulls.

These laws often place additional responsibilities on dog owners of designated breeds, such as requiring special permits or liability insurance.

As a landlord, you should take notice of any local laws that may affect your liability exposure and take steps to ensure compliance.

This action may include prohibiting certain breeds from your rental properties or requiring tenants with designated breeds to carry additional insurance.

Protecting Tenants and Visitors from Dangerous Dogs

There are steps you can take as a landlord to prevent dog attacks on your property and minimize your liability exposure:

Include transparent provisions regarding pets and aggressive dogs in your lease agreements.
Conduct regular property inspections to identify potential safety hazards.
Take prompt action when dangerous dogs are reported, including requiring the removal of the dog or initiating eviction proceedings if necessary.

By being proactive and responsive to potential threats posed by tenant’s dogs, you can create a safer environment for everyone on your property.

Mitigating Liability Through Lease Agreements and Pit Bull Policies

One of the most effective ways to protect yourself as a landlord is through well-crafted lease agreements that clearly spell out your expectations and requirements regarding your tenant’s dogs.

Specify which breeds, if any, are prohibited on the property.
Require tenants to sign a separate pit bull policy or dangerous dog addendum.
Outline tenant responsibilities for controlling and supervising their dogs.
Mandate that tenants carry liability insurance for their dogs.

By including detailed provisions in your lease agreements and enforcing them consistently and fairly, you can demonstrate your commitment to maintaining a safe environment and reduce your potential liability exposure.

Insurance Coverage for Dog Bite Liability

Liability insurance can provide important protection for landlords in the event of a tenant’s dog attack.

However, it’s important to understand that many insurance policies have exclusions for certain dog breeds, including pit bulls.

Review your homeowners’ insurance policy carefully and consider purchasing additional coverage if necessary to ensure you have adequate protection against dog bite liability claims.

Protect Yourself from Liability

California landlords must understand their potential liability regarding their tenants’ dogs, particularly pit bulls.

Take proactive steps to investigate and monitor dogs on the property, address dangerous dog situations promptly, and include transparent provisions in lease agreements to minimize risk exposure and create a safer environment for everyone on your property.

If you have questions about your situation or need guidance on handling a tenant’s dangerous dog, schedule a free consultation with the experienced dog bite attorneys at LA Dog Bite Law in Southern California.

We can explain your rights and obligations under California law and develop a strategy to protect yourself from liability.