Can a landlord be held liable for tennant's dog?

[KFC911]

I'm pretty sure I know the answer (follow the money ), but figured I'd consult the braintrust.
I have "no pets" in my leases, but do allow them. I've bonded with the pup (6 month old male blue healer...sorta known for being protective), but only outside. I'm going to enter the house alone tomorrow in order to evaluate his reaction (tennant knows) as he has bitten, or attempted to bite someone who entered recently. I'm a dog person, never seen any indication of aggressive behavior, and don't think I'll encounter anything but a wagging tail.
What say ye????

Ps: older female healer in the house is my buddy too

[craigster59]

You sure can. make sure your renter has an umbrella policy or canine liability insurance. Most renters insurance policies exclude dog bites or at the very most have minimal coverage.

[Eric Coffey]

Yep, you can be liable. The fact that you have knowledge of the dog (despite not allowing them), AND it's recent history of aggression pretty much guarantees you would be held liable if an incident occurred and the "victim" pursued legal action. One of the best things you can do as a landlord is require all tenants to carry renters insurance with animal coverage and periodically confirm the policy is current, and that the liability limits are adequate. YMMV...

[KFC911]

Thanks guys..just as I figured. I think my exposure is extremely small in this case, however....if worse comes to worse, does MY insurance coverage offer me protection even if the renter doesn't have coveage? I think I'm being overly paranoid in this caae.

Can't believe that Baz hasn't chimed in defending all things "Healer" by now

[MRM]

Whether you can be liable depends on the state. Even if you might be liable, you have a number of defenses and the expense of a dog bite settlement is most likely going to be in the hundreds or thousands of dollars, not the hundreds of thousands. It would have to be a bad mauling and leave scars to be $50,000. A dog mauling a baby could be millions, but that's extremely unlikely. So it's not like you have to have a lot of insurance to cover your reasonable risk of having pets on the property.

As a landlord you should have Commercial General Liability (CGL) coverage. Purchase it if you don't. Make sure your CGL covers dog bites and don't look back. It irks me that people unreasonably restrict their activities (possibly endangering pets lives) on the basis of theoretic liability risk exposure. Just get insurance, make sure your broker confirms in writing that you're covered for dog bites and fugetaboutit.

[KFC911]

Originally Posted by MRM

Whether you can be liable depends on the state. Even if you might be liable, you have a number of defenses and the expense of a dog bite settlement is most likely going to be in the hundreds or thousands of dollars.....

..... fugetaboutit.

I think I'll do just that

Still gotta go by tomorrow for other reasons...the dawg is a sweety pie

Appreciate your advice (and everyone's)!!!

[drcoastline]

Yes you can. Your best defense is make a condition of tenancy in your lease that your tenants carry an HO-4 (renters policy) including liability insurance at the highest limits available. You also want an endorsement to the policy naming you as an insured. All insurers exclude certain dog breeds. Ownership of an excluded breed makes the tenant uninsurable. Make a condition of your lease also exclude these breeds as they are uninsurable. If they are uninsurable they do not qualify to be a tenant. This is not considered discrimination.

You also want to make sure you carry proper liability limits.

[greglepore]

Given that notice is the key to liability and you' ve publicly acknowledged that it bites, yup. Oops!


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[Hugh R]

Dr Coast and others,

I read an article once where the Landlord said no pit bulls. Short story is it went to court and the defendant brought in an AKC expert or someone and asked "Is this a Pit Bull?" the AKC expert said "show me its papers", which they didn't produce, bottom line, if you don't have "papers" its a mutt, regardless of what it may look like.

Having typed that, yes, lots of insurance, as MRM will attest, I think, anyone can sue anyone for anything. It ultimately comes down to which party can wear the other party out financially.

[KFC911]

Thank you guys, but I've already put this in my rear view mirror . As posted, my exposure is minimal and I have insurance, but if worse came to worse, I probably wouldn't even file were I to be involved....a few grand wouldn't be a big deal in a highly unlikely scenario that was just my "thinking of a worse case scenario". Went into the house for several hours earlier today...older dog greeted me as usual, and I let the pup out of his crate as he was glad to see me too. He's a sweet pup and I no longer have any concerns...and I can easily handle any issues which might arise. I appreciate the great advice you fellows have given....thanks!

[Baz]

Originally Posted by KC911

Can't believe that Baz hasn't chimed in defending all things "Healer" by now

No worries here's my take.....

If the Blue Heeler bites you....you probably deserve it!

So as long as you're not a prick....(and that includes spelling the breed correctly)...you'll be just fine.

[KFC911]

Originally Posted by Baz

No worries here's my take.....

If the Blue Heeler bites you....you probably deserve it!

So as long as you're not a prick....(and that includes spelling the breed correctly)...you'll be just fine.

But what if I AM a prick . ....and speeling is optuonal for dawgs....particularly those from Athens!!! Got a recap of the "biting incident" last night...pup did what dawgs are supposed to do imo. Human was at fault...just not a big deal anymore imo.

Ps: I have been around some truly aggressive breeds before....got the scars to prove it from breaking up dog fights . Even those breeds....I just have "the gift" when it comes to relating to animals...people...not so much

[Baz]

Originally Posted by KC911

But what if I AM a prick . ....and speeling is optuonal for dawgs....particularly those from Athens!!! Got a recap of the "biting incident" last night...pup did what dawgs are supposed to do imo. Human was at fault...just not a big deal anymore imo.

Ps: I have been around some truly aggressive breeds before....got the scars to prove it from breaking up dog fights . Even those breeds....I just have "the gift" when it comes to relating to animals...people...not so much

I was just ribbing ya, KC - you're not a prick at all.

It's been my experience that Heelers are not what you'd call aggressive - they just have a VERY loud bark...are VERY alert.....VERY suspicious of strangers.....VERY loyal and devoted to their human(s)....and above all.....VERY smart and thus can out think most humans!

Keep up the good work, my man......woof!

[KFC911]

Originally Posted by Baz

I was just ribbing ya, KC .....

I knew that Baz...no worries !!!