Can a landlord in California be responsible for a tenant’s dog bite?

According to the Centers for Disease Control and Prevention, each year, there are approximately 4.5 million reported dog bite cases in the United States, and one in five of those cases result in serious injury. This issue raises questions about the responsibility of landlords in California in cases where a tenant’s dog bites someone.

California Civil Code

California Civil Code section 3342 provides that in any case where someone is bitten by a dog in a public place or while lawfully on private property, the owner of the dog is liable for damages. The word “owner” applies not just to the person who has legal title to the dog, but also to any person keeping, harboring, or having care or custody of the dog. Under the Code, a landlord may also be considered an owner if they had knowledge of the dog’s dangerous propensities and allowed the dog to remain on the property.

In the case of Johnson v. City of South San Francisco (1968) 261 Cal.App.2d 425, the court held that a landlord must take reasonable steps to protect invitees from foreseeable dangers arising from keeping a tenant’s dog on the premises. In that case, the plaintiff was bitten by a tenant’s dog on the landlord’s property. The court found that the landlord had knowledge of the dog’s vicious propensities, as it had chased one of the landlord’s employees on a previous occasion. The court therefore held that the landlord was liable for the plaintiff’s injuries.

In Kim v. W. S. Hampshire, Inc. (1991) 228 Cal.App.3d 1561, 1565, the court held that a landlord is not liable for a tenant’s dog bite if the landlord does not have knowledge of the dog’s dangerous propensities. In that case, the court found that there was no evidence that the landlord knew or should have known that the tenant’s dog was dangerous.

In conclusion, if a landlord is aware of a tenant’s dog’s dangerous propensities and fails to take any action to protect others on the property, then the landlord may be held liable for damages caused by a dog bite. Landlords in California can protect themselves from liability by including a lease agreement that prohibits tenants from keeping dangerous dogs on the property. Landlords can also ask tenants about the nature and history of their pets before allowing them to move in. Proper steps taken by landlords will not only protect them from potential liability but also ensure the safety of all those who enter their property.

Eduard Braun, ESQ
Law Office Of Eduard Braun, P.C.
877-533-4529
www.eBraunLaw.com