Indianapolis Landlord Not Liable for Injuries Caused by Tenant's Dog
In McCraney v. Gibson, et al., the Indiana Court of Appeals held that a landlord was not liable for the injuries sustained by a neighbor when a tenant’s dog attacked the neighbor in an alley after escaping through a gate in the backyard.
The backyard of the landlord’s property was fenced-in. The only access from the backyard to the alley was through a gate, which was chained at the top and bottom so that there were no gaps. Before signing the lease, the tenant inspected the fence and gate and did not find any problems. At some point after signing the lease and before the date neighbor was injured, the tenant told the landlord the gate was inadequate to contain the tenant’s dog; a one half bullmastiff, one half boxer. Before the date of the incident, the landlord had no knowledge of the tenant’s dog ever escaping from the property, or any knowledge of any dangerous propensities of the tenant’s dog.
In order for the neighbor to recover damages from the landlord, the court of appeals explained, the neighbor needed to show that the landlord exercised control or possession of the property and that the landlord had knowledge of dangerous propensities of the tenant’s dog. The neighbor, however, presented no evidence that the landlord knew of any dangerous propensities of the tenant’s dog before the incident. Therefore, the injured neighbor could not recover damages from the landlord.
Please click here to read the full Indiana Court of Appeals decisions.
