September 17, 2013
LEGAL EYES
WHAT’S HAPPENING’S TRI-CITY VOICE
Page 7
Tenant’s Dog Bites Neighbor
STEPHEN F. VON TILL, ATTORNEY Q: Tenant’s Dog Bites Neighbor. Is landlord liable? A: No. But there is an exception. Some dog attacks cause horrific injuries. Scars, disability, medical expenses, wage loss, and even death may result. Who is responsible for damages? Contrary to common belief, there is no “one free bite” in California. California Civil Code 3342 says: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” A landlord is not ordinarily responsible for his tenant’s dog. But if the landlord has actual knowledge that the dog is dangerous, the landlord is responsible. The landlord has a legal duty to keep the rental premises safe from dangerous conditions, including dangerous animals.
The landlord has the power to evict. A landlord can require his tenant to get rid of the dangerous dog or move. Thus, if the landlord knows of the danger and does nothing, the landlord may be jointly responsible with the tenant for the harm inflicted on an innocent person. In the case of Donchin v. Guerrero, two Rottweilers attacked Ms. Donchin and her small Shihtzu dog. Ms. Donchin suffered a broken hip. The dogs’ owner was a tenant of the landlord, Mr. Swift. But the tenant had no insurance. He was judgment proof from any claim by Ms. Donchin. Thus, if Ms. Donchin was to collect damages, the landlord was the only possibility. He was insured. But landlord Mr. Swift, as expected, denied that he knew the dog was dangerous. He claimed no legal responsibility for the attack.. How does one prove that the landlord actually knew that this particular dog was dangerous? Circumstantial evidence is admissible in court and is often quite persuasive. In the Donchin case the court found from circumstantial evidence that the landlord “must have known” that his tenant’s two Rottweilers were dangerous.
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have battled breast cancer. This year’s event will be held on Saturday, September 21 at Quarry Lakes in Fremont and will start with check-in and registration at 7 a.m. Opening ceremonies begin at 8 a.m. with a special tribute in memory and honor of everyone that has battled breast cancer, along with a traditional release of doves by a circle of survivors. This is followed by a pre-event stretch and aerobic warm-up. At 9 a.m. the 10k runners will hit the trail, followed by the 5k runners, and then 5k walkers. “This year will mark our 14th year of this amazing fundraising event, which brings our community together to recognize everyone that has been affected by breast cancer,” said Karen Jackson, Development Director and Event Chairperson at HBCF. “After reaching record numbers in 2012, we are thrilled to see the turnout this year, as we especially enjoy this event since it strongly supports our mission of supporting all women healing from breast cancer.” Following the opening ceremony and walk/run, HBCF welcomes all participants to return to a community resource exposition of sponsor and community booths, and
Neighbors and the postman testified to numerous dangerous encounters with the dogs. An animal behavior expert testified that the dogs were probably vicious toward everyone they encountered, including the landlord. Swift made regular visits to the premises. He must have known, despite his denial. Bottom line: The jury was entitled to disbelieve the landlord’s denial and find the landlord liable to the injured party. If one teases a dog, the injured party may have some responsibility for causing his own injuries. A jury is entitled to find that the injured party is partially at fault. Damages are then reduced by the percentage of fault assessed by the jury.
The lessons: Don’t keep a dangerous dog. Don’t let your tenant keep a dangerous dog. Don’t provoke or tease an animal. And make sure you have standard homeowner’s and renter’s insurance policies with high limits. These policies require the insurance company to provide you with a defense, to settle the case, or to pay the damages if you are found responsible in a court of law.
STEPHEN F. VON TILL, ATTORNEY
LEGAL EYES Von Till & Associates Over 30 years in Tri-City area See biographical data at www.vontill.com with link to Mr. Von Till’s e-mail for Questions & Comments. 510-490-1100
enjoy a healthy BBQ. This event brings survivors, friends, family, and neighbors together to celebrate life and people who are truly making a difference. Those interested in participating, sponsoring, registering and/or donating to HERS Breast Cancer Foundation can do so online at the KEEP ABREAST website. All proceeds from the event will be used towards the services of HBCF: helping women survive the battle with breast cancer while serving any woman regardless of financial status. If event attendance is not an option, participate in the virtual run at http://herskeepabreast.org/eventinformation/virtual-run/; donations are always greatly appreciated. Registration for event plus parking donation is $55, $50 for adult participants, and $20 for youth participants (ages 11 – 17). For more information, visit http://hersbreastcancerfoundation.org/. KEEP ABREAST 5k Walk, 5k/10k Run and Community Expo Saturday, Sept 21 7 a.m.: Check-in and registration 8 a.m.: Opening ceremonies 9 a.m.: Run/walk start Quarry Lakes East Bay Regional Park 2100 Isherwood Way, Fremont (510) 790-1911 http://hersbreastcancerfoundation.org/ http://herskeepabreast.org/ Registration: $20 - $55
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