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Landlord not responsible for dog bite

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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.”
 


 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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