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Family Sues Dog Owner and Landlord After Fatal Pit Bull Attack on Toddler

A grieving family filed a civil lawsuit seeking damages after a pit bull killed their toddler, naming both the dog's owner and the property's landlord as defendants, The New York Times reported on July 5, 2022 ^[1]. The suit advances two parallel theories of recovery: direct liability against the owner of the animal and premises liability against the landlord, who plaintiffs allege bore responsibility for conditions on the property ^[1]. The damages sought were not specified in available disclosures, but wrongful death actions of this type commonly pursue compensation for medical expenses, pain and suffering, and loss of future companionship ^[1].

The inclusion of the landlord as a co-defendant reflects a litigation strategy that courts across multiple jurisdictions have recognized as viable. A landlord's duty in dog-bite cases derives not from ownership of the animal but from ownership of the land. Just as a landlord must repair a defective porch upon notice of disrepair, the landlord carries a duty to protect others from a known dangerous animal, and the central question in most such cases is whether the landlord had notice of the animal's dangerous propensity ^[2]. Plaintiffs who clear that notice threshold can hold a property owner liable alongside the dog's keeper.

If a landlord had actual knowledge of a troublesome dog, or knew of a danger, and did nothing to prevent a tenant's dog from attacking, then the landlord, along with the dog's owner, may be held liable for a dog attack. To prove negligence against a landlord, plaintiffs must establish that the dog had previously shown a tendency toward aggressive or vicious behavior ^[2]. In some states the standard is even stricter. Under Maryland precedent established in *Tracey v. Solesky*, plaintiffs no longer need to show that the landlord had prior knowledge that the specific dog involved in the attack was dangerous; it is enough that the landlord knew, or had reason to know, that the dog was a pit bull or pit bull mix, because such animals were found to be inherently dangerous given their aggressive nature and capacity to inflict fatal injuries ^[3].

The wrongful death claim against the dog's owner stands on comparatively settled ground. Dog bite cases generally use the legal theory of strict liability, meaning the dog owner is automatically responsible for the dog's actions ^[4]. As a victim, or in a wrongful death context, the surviving family can pursue compensation for the damages suffered because of the bite ^[4]. The reach of any recovery, however, may depend on available insurance coverage. A victim may recover damages from the owner's homeowner or renter's insurance policy if the breed is covered, but most insurance policies do not insure aggressive breeds such as pit bulls and rottweilers ^[5].

According to The New York Times, the family's complaint targets both the owner of the dog and the landlord of the property where the attack occurred ^[1]. The dual-defendant structure suggests plaintiffs anticipate potential coverage gaps and are positioned to pursue whoever holds collectible assets or policy limits. The case remains pending. Litigation Logic will report further developments as the record becomes public.

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References

[1] The New York Times. (2022, July 05). Family Files Civil Lawsuit After Pit Bull Attack Kills Toddler. https://www.nytimes.com/2022/07/05/us/pit-bull-attack-lawsuit-civil.html

[2] Animal Legal & Historical Center. (n.d.). Landlord & Tenant Issues Concerning Dog Bites. https://www.animallaw.info/intro/landlord-tenant-issues-concerning-dog-bites

[3] Semmes. (2023, August 08). Landlord Liability for Pit Bull Attacks after Tracey v. Solesky. https://semmes.com/law-updates/pit-bull-attacks-2/

[4] Arnold & Smith Law. (n.d.). Pit Bulls Maul and Kill Baby and Toddlers in Tennessee. https://injury.arnoldsmithlaw.com/pit-bulls-maul-and-kill-baby-and-toddlers-in-tennessee.html

[5] The National Trial Lawyers. (n.d.). Five Top Pit Bull Verdicts. https://thenationaltriallawyers.org/article/five-top-pit-bull-verdicts-2/