This is the next article in my series on the topic of whether Peoria, Illinois landlords may be responsible for a dog bite that occurs on their property. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a family member have been attacked by a canine. It is important that you speak with counsel immediately, as you only have a limited amount of time in which you may take action. In this article, I will be discussing when landlords may, and may not, actually be responsible for a dog bite. If you need assistance then contact my office today to speak with a personal injury lawyer.
Peoria landlords must take reasonable steps to make a property safe for tenants and guests
I have previously discussed the fact that canine owners are strictly liable for a dog bite-related injury. This is not the case for landlords, as they will be held to a more conventional negligence standard. This means that landlords are required to take reasonable steps to ensure that their properties are safe for both tenants and guests. The failure to take reasonable steps can result in landlord liability if it is shown that the lack of proper safety precautions resulted in an injury. In the context of a dog bite case, this typically means that a landlord can face liability if it is shown that a) they did not have policies protecting against canine-related injuries or b) they did not ensure the following of such policies if they did exist. Whether or not a landlord will be considered liable for a bite is highly fact-specific and a determination can vary from case to case.
The foregoing is best explained by example. Suppose the owner of a Peoria apartment building has a strict “no pets” policy that is clearly spelled out in a written lease. An applicant lies on their application and claims that they do not have a dog, which they do. When the landlord meets the individual for the move-in, the person does not have the dog with them. The next day, the person brings their dog to the apartment unit. That night, while the new tenant is walking their dog, the animal bites another tenant. In this situation, the “no pets” policy was a clear safety precaution, and it is understandable that the landlord did not yet know that the animal was on the property. Under this scenario, it is likely that the tenant would be strictly liable for the dog bite, but the landlord would not be considered negligent.
Now consider a situation similar to above, except in this instance the tenant has been living at the property for three months. There have been multiple times when the landlord visited the apartment complex and saw the dog being walked or otherwise outside. The landlord did not issue a warning or say anything to the tenant. The dog then bites another tenant. Under these facts, the landlord is likely negligent as they knew the “no pet” policy was being violated and they took no action. Having a policy, that is knowingly being unenforced, likely does little to protect the landlord.
A personal injury lawyer can help build a case against negligent landlords in a dog bite case
There are steps which an attorney can take to help a victim build a case against a landlord. An attorney will be able to use the discovery process to acquire leases and other documentation showing how long the owner of the dog has lived on the property and whether they disclosed the presence of the pet when they moved in. Also, discovery can be used to determine whether the tenant has previously been warned about the animal or whether the landlord was aware of problems and took no action. As discussed above, the determination of landlord liability is a fact-specific inquiry and it is important that you have an experienced attorney assisting you.
If you or a loved one are in need of assistance then contact my office today to speak with a Peoria dog bite lawyer. I understand that time is of the essence in such matters and my office will give your case the attention it deserves. We believe in standing up for the rights of individuals and we look forward to speaking with you. My office also serves the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
