ILNews

Landlord not responsible for dog bite

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals affirmed summary judgment today for a landlord who was sued by a postal carrier who was bitten by a tenant’s dog that had escaped from the property. The judges declined to find that by entering into a lease, a landlord establishes a relationship to a tenant’s dog.

Duane Deitrich rented property to Angel Todd and Steve Sanders, who had a large male pit bull dog. Although Deitrich typically didn’t allow pets, he made an exception for the pit bull because he had been with the family for seven years and the family said he was well behaved. Deitrich later learned the dog was trained to dislike people who wore a uniform and non-white people.

The dog escaped the property and bit postal carrier Alrita Morehead in the right breast. She sued Deitrich for damages. The trial court granted summary judgment for Deitrich because he didn’t retain control of the property. The trial court denied Morehead’s motion to correct error.

Caselaw says, to prevail against a landowner for the acts of a tenant’s dog, Morehead must "demonstrate both that the landowner[ ], 'retained control over the property' and 'had actual knowledge that the [dog] had dangerous propensities.'" Morehead conceded that Deitrich didn’t have control of the property when the dog escaped and bit her, which entitles Deitrich to summary judgment.

In Alrita Morehead v. Duane Deitrich, No. 09A04-1003-CT-172, Morehead argued Deitrich had a duty to prevent a dangerous situation under the theory of premises liability. She cited several cases addressing property defects, but the appellate court declined to find the dog in this case to be a property defect. It’s the duty of the owner to keep the animal confined, and the mere possession or ownership of land from which an animal strays isn’t sufficient to make the landlord liable as long as he or she isn’t the animal’s keeper, wrote Judge Carr Darden citing Blake v. Dunn Farms, Inc., 413 N.E.2d 560, 563 (Ind. 1980).

The appellate court also declined to find that by virtue of entering into a lease, a landlord establishes a relationship to his or her tenant’s dog.

“It is not the dog’s mere presence on leased property that causes harm. Rather, it is the owner’s failure to adequately confine that dog. Thus, we do not conclude that there is a high degree of foreseeability that leasing property to the owners of vicious dogs will result in injury to third parties,” he wrote. “We agree that society has an interest in preventing dog attacks against innocent parties, and therefore in keeping vicious dogs adequately confined. It would be unreasonable, however, to impose a duty on landlords to regulate tenants’ animals, where the owners clearly are in the best position to do so.”
 


 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT