Landlord Named in Suit After Tenant’s Pit Bull Attacks Child on Property

A civil lawsuit filed against a residential landlord is drawing attention to a narrow but contested corner of premises liability law: when, if ever, a property owner bears legal responsibility for injuries inflicted by a tenant's dog. According to The New York Times, a child was attacked by a tenant's pit bull on the rental property, and the landlord has been named as a defendant in the resulting personal injury action ^[1]. The case turns on the extent to which a property owner's duty of care reaches animals owned not by the landlord, but by those who lease from them.

A dog-bite victim may include a landlord as a defendant in a personal injury lawsuit, though the law does not automatically hold landlords liable for dog bites. ^[2] Landlord liability in dog bite cases is not automatic. Courts typically examine two key factors: whether the landlord knew the dog posed a danger, and whether the landlord had enough control over the property or the situation to have acted. ^[3]

The legal theory underlying the complaint against the landlord rests on premises liability. The landlord's duty derives not from ownership of the animal, but from ownership of the land. Just as a landlord has a duty to address a broken porch upon receiving notice of disrepair, the landlord has a duty to protect others from a known dangerous animal. The issue in most cases is whether the landlord had notice of the animal's dangerous propensity. ^[4] In most states, a landlord may be liable for injuries inflicted by a tenant's dog if the landlord had knowledge of the dog's dangerous nature and the requisite degree of control over the premises or the dog itself, such as the ability to have it confined or removed. ^[5]

The location of the attack carries independent legal significance. The location of the attack matters. Dog attacks occurring in common areas of an apartment complex, such as hallways, parking lots, or shared outdoor spaces, are more likely to involve landlord liability because those areas fall directly under the landlord's control and maintenance responsibility. ^[3] A landlord may be liable for injuries caused by a tenant's dog in a common area if the landlord had control over the area and did not exercise reasonable care. If a dog attacks someone entirely within the tenant's leased property, however, it is less likely that a landlord will be held responsible. ^[6]

Courts across jurisdictions have reached divergent outcomes in comparable cases, underscoring the fact-intensive nature of this area of law. Landlord liability for tenant pets varies significantly across jurisdictions. Some states follow a one-bite rule, meaning landlords are only liable if they knew the dog had previously shown aggressive behavior. Other states impose strict liability, making property owners responsible regardless of prior knowledge. ^[7] Dog attacks affect all age groups, but children face a disproportionate risk of serious injury. More than half of all dog-related injuries occur in children, and young children are often bitten in the head and neck region, where wounds can be severe or life-threatening. ^[3] The outcome of this case may offer further guidance on the circumstances under which courts will pierce the divide between a landlord's general duty to maintain safe premises and the primary liability borne by the animal's owner.

References

[1] The New York Times. (2022, September 27). Landlord Sued After Tenant's Pit Bull Attacks Child. https://www.nytimes.com/2022/09/27/us/pit-bull-dog-attack-lawsuit-landlord.html

[2] FindLaw. (2023, June 28). Landlord Liability for Dog Bites. https://www.findlaw.com/injury/torts-and-personal-injuries/landlord-liability-for-dog-bites.html

[3] Hollis Law Firm. (2026, March 24). When Landlords Can Be Held Liable for Tenant's Dog Attacks. https://hollislawfirm.com/landlord-liability-tenant-dog-attacks/

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

[5] Dog Bite Law. Liability for Bites by Tenants' Dogs. https://www.dogbitelaw.com/landlord-liability-for-dog-bites/liability-for-bites-by-tenants-dogs/

[6] Nolo. Landlord Liability for a Tenant's Dog. https://www.nolo.com/legal-encyclopedia/free-books/dog-book/chapter4-7.html

[7] Steadily. (2026, April 27). Does Landlord Liability Insurance Cover Dog Bites? https://www.steadily.com/blog/landlord-liability-dog-bites