Landlord Not Liable for Tenant's Dog's Bite.
TORTS. SPELLS v. UPLAND. Appellate Division, A-1373-06T1, November 5, 2007, not approved for publication. Summary judgment for the defendant landlords affirmed in a personal injury action; the plaintiff child was bitten and dragged by a dog owned by the defendant tenant; the dog had gotten loose and had run onto the sidewalk in front of the next-door neighbor's house; the trial court had concluded that a landlord cannot be held liable for a bite by a tenant's dog that occurs outside the common areas of the apartment house over which the landlord has control; there were no facts on which the fact-finder could conclude that the landlords knew or should have known that the tenant's dog was vicious or that it was likely to get loose; thus, even if the landlords owed a duty of care to persons on adjoining properties, there was no basis to conclude that they were negligent with regard to the dog biting the plaintiff.
Source: NJ Lawyer Daily Briefing November 6, 2007
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