When Can a Landlord Be Liable for a Dog Bite in New York? | Law Office of Irene H. Gabo, P.C.

When Does a Landlord Share Liability for a Dog Bite?

Dog bites are serious injuries in Brooklyn. They can cause injuries that lead to high medical costs, missed work, and emotional trauma. In New York, people often assume only the dog’s owner can be held responsible for a bite. However, the law also considers the role of property owners, especially landlords, in keeping tenants and visitors safe.

The Centers for Disease Control and Prevention (CDC) reports that nearly one in five dog bite victims require medical attention, and children are the most frequent victims. It’s important to know your rights and act quickly if you or your child is injured.

While the main responsibility usually rests with the dog’s owner, there are cases where a landlord can also be found liable. Understanding when a landlord may share legal responsibility for a dog bite is important for anyone living in or visiting rental property in New York City or elsewhere in the state.

How New York Law Handles Dog Bites

New York does not follow a true “strict liability” rule for all damages after a dog bite. Under Agriculture & Markets Law § 123, a dog owner is strictly liable for medical costs if the dog is found to be “dangerous,” but the victim must also prove negligence to recover other damages like lost wages or pain and suffering. You can review the law here: https://www.nysenate.gov/legislation/laws/AGM/123

This law focuses on the dog’s history. If the owner knew the dog was dangerous, they are responsible. But when a bite happens in a rented building or on shared property, can a landlord be held accountable too? Sometimes, the answer is yes-but only under certain conditions.

Landlord Liability Is Not Automatic

Just because a dog bite happened on a landlord’s property does not mean the landlord is automatically liable. New York courts require proof that the landlord knew the dog was dangerous and had the ability to take action but failed to do so. This sets a high bar for holding a landlord responsible, but it is possible when there is evidence of both knowledge and control.

For example, if a landlord ignores complaints from other tenants about a dog that acts aggressively or has bitten someone before, and then another bite happens, the landlord may face liability. The law is meant to protect people from preventable harm, especially when warnings are ignored.

Key Factors That Influence Landlord Liability

There are a few important factors that New York courts look at when deciding if a landlord shares legal responsibility for a dog bite:

• Knowledge of the Dog’s Dangerous Behavior: The landlord must have known, or should have known, about the dog’s aggressive tendencies. Evidence might include past biting incidents, reports of growling or lunging, or formal complaints from other residents.
• Control Over the Property: The landlord needs to have the ability to remove the dog or enforce pet rules. This often comes up if the dog is in a common area, if the lease bans dangerous animals but the rule is not enforced, or if the landlord can remove the dog for violating lease terms.
• Maintenance of Common Areas: If the landlord fails to keep shared spaces safe-for example, leaving gates broken or ignoring reports about a dangerous dog in a hallway-they may be responsible if their inaction leads to someone getting hurt.

In each situation, witness statements, prior complaints, and lease agreements can become important evidence. The more control and knowledge a landlord had, the more likely they are to share liability.

Relevant New York Case Law

New York courts have set clear guidelines about landlord liability. In the case of Strunk v. Zoltanski, the court held that a landlord who knew about a dog’s vicious nature and did nothing to prevent injury could be found liable for a bite that happened on the property. The court said, “A landlord out of possession is liable for injuries caused by a tenant’s dog only if he had knowledge of the dog’s vicious propensities and retained sufficient control over the premises to remove or confine the animal.”

This means that both knowledge and control must be present. Courts look for evidence like previous bite reports, complaints, or ignored warnings when deciding these cases. Landlords who take reasonable steps-like enforcing a no-pets rule or addressing tenant concerns-are much less likely to be held responsible.

Dog Bites in Common Areas and Public Spaces

Many dog bites happen in shared building spaces like hallways, stairwells, or yards. If a landlord has the ability to control who brings dogs into these areas and fails to act on reports of danger, they could face liability. For example, if a broken gate in a shared yard allows a known-aggressive dog to escape and bite someone, the landlord’s failure to fix the gate may make them partly responsible.

Liability becomes harder to prove if the bite happens off the rental property. However, in some cases, a landlord who allows a known-dangerous animal to stay on the premises in a way that creates a risk to others could still be held liable. In Doerr v. Goldsmith, the New York Court of Appeals explained that even if an attack happens away from the property, landlords or property owners could face a negligence claim if their actions (or inaction) contributed to the incident.

How Our Attorneys Can Help You

Dog bite claims involving landlords can be complex. Proving what a landlord knew and what steps they could have taken usually requires strong evidence and careful investigation. Our legal team at the Law Office of Irene H. Gabo, P.C. is experienced in handling these cases throughout New York City and the surrounding areas.

• We gather evidence like past complaints, lease agreements, and witness statements.
• We investigate whether the landlord ignored warnings or failed to enforce safety rules.
• We work to hold all responsible parties accountable, including property owners and tenants, if appropriate.
• We fight for full compensation for your medical costs, lost wages, and pain and suffering.

Contact the Law Office of Irene H. Gabo, P.C. Today

If you or a loved one has been bitten by a dog on a rental property in New York, you may have more options than you think. Don’t assume the dog’s owner is the only person who can be held accountable. Contact our attorneys at the Law Office of Irene H. Gabo, P.C. at (800) 560-0214 for a free consultation. We can help you understand your rights and take action to pursue the compensation you deserve.