Landlord Liability
Do you allow dogs in your rental properties? Do you have a pet policy in place that
restricts certain breeds?
Recently in a 4-3 decision, the Maryland Court of Appeals
ruled that owners of pit bulls, mixed breed pet bulls and the landlord can be
held strictly liable for damages resulting from the dogs attack.
Wikipedia states,
strict liability is a standard for liability which may exist in either a
criminal or civil context. A rule specifying strict liability makes a person
legally responsible for the damage and loss caused by his or her acts and
omissions regardless of culpability (including fault in criminal
law terms, typically the presence of mens rea).
Strict liability is prominent in tort law (especially product
liability), corporations law, and criminal
law.
The new ruling
changes the current laws dealing with pit bull attacks. The simple presence of the animal on the
property is enough to establish a case for damages. The Maryland Court of Appeals concluded that
pit bulls and mixed breed pit bulls are “inherently dangerous”. The justices also believe that their danger
justifies imposing greater duties on the pet owner and landlord to hold them
liable for any attacks.
What does this
mean for you the property owner and how could it affect you? If you think this doesn’t have anything to do
with you because you don’t have property in Maryland your wrong. Court rulings in one state tend to spread
across the country. Law makers in your
state use decisions from other states as justification for new laws. Attorneys reference these cases in
lawsuits. I would recommend reviewing
your company pet policies. It’s not
uncommon to have breed restrictions. Another
thing to think about is requiring your renters to carry Pet Liability
insurance.
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