Bitten by a Dog? Your Landlord or Property Owner Might Be on the Hook Too!

Table of Contents show

You’re walking through your apartment complex when suddenly, a neighbor’s pit bull breaks free from its leash and attacks you. Your first instinct might be to go after the dog owner – and that’s usually a good first step. But what if they don’t have insurance or enough money to cover your medical bills? Here’s something you might not know: sometimes the landlord or property owner can be held responsible too.

I’ve seen too many people get blindsided by this situation. They think dog bite cases are straightforward – dog bites person, dog owner pays. But the reality is way more complicated, especially when you’re dealing with rental properties, apartment complexes, or commercial spaces.

Let me walk you through when and how you can hold third parties liable for dog attacks. Trust me, understanding these rules could make the difference between getting the compensation you deserve and being stuck with massive medical bills.

Why Landlords and Property Owners Sometimes Pay for Dog Bites

Here’s the thing about dog bite liability – it’s not always just about who owns the dog. Sometimes, the person who controls the property where the attack happened can be on the hook too. I know it sounds a little weird at first, but think about it this way: if someone creates or allows a dangerous situation on their property, shouldn’t they bear some responsibility when someone gets hurt?

The law looks at several scenarios where property owners and landlords can be held liable for dog attacks. It’s not automatic – there are specific conditions that need to be met. But when these conditions exist, you might have a much stronger case than you initially thought.

The Legal Scoop on Third-Party Liability

Most states follow one of two main approaches when it comes to dog owner liability: strict liability or the “one bite rule.” But when we’re talking about landlords and property owners, we’re usually dealing with something called premises liability law instead.

Premises liability is basically the idea that property owners have a duty to keep their property reasonably safe for visitors. If they know about a dangerous condition – like an aggressive dog – and don’t do anything about it, they can be held responsible when someone gets hurt.

The tricky part is proving they knew about the danger. You can’t just say “they should have known.” You need to show they actually knew or had a good reason to know that a particular dog was dangerous.

When Landlords Can Be Held Liable

Let’s get into the specific situations where you can go after a landlord for a dog bite. These aren’t just theoretical scenarios – I’ve seen all of these play out in real cases.

Knowledge of the Dangerous Dog

The biggest factor in landlord liability is knowledge. If your landlord knew that a tenant’s dog was aggressive or had bitten someone before, they might be liable if that dog attacks you.

But how do you prove they knew? Here are some ways:

Written complaints: If other tenants complained about the dog in writing, that’s solid evidence. Email complaints, letters, or even text messages can work.
Previous incidents: If the dog attacked someone else on the property and the landlord knew about it, they’ve been warned about the danger.
Breed restrictions: Some landlords have policies against certain breeds but don’t enforce them. If they knew a tenant had a prohibited breed and did nothing, that shows they knew about a potential danger.
Personal observation: If the landlord saw the dog acting aggressively during property visits or maintenance calls, that counts as knowing too.

Failure to Enforce Pet Policies

Many rental properties have pet policies – things like breed restrictions, size limits, vaccination requirements, or even complete pet bans. When landlords don’t enforce these policies, they can create liability for themselves.

I’ve seen cases where landlords had strict “no dogs” policies but looked the other way when tenants brought in pets. When one of those dogs attacked someone, the landlord couldn’t claim they didn’t know about the animal.

The same goes for breed restrictions. If your lease says “no pit bulls or rottweilers” but your landlord knows you have one and doesn’t do anything about it, they’re accepting the risk that comes with that decision.

Control Over Common Areas

Landlords are generally responsible for maintaining common areas like hallways, lobbies, parking lots, and playgrounds. If a dog attack happens in one of these areas, the landlord’s liability increases quite a bit.

Think about it – if you’re walking through your apartment complex’s courtyard and a tenant’s dog attacks you, that’s happening in an area the landlord controls. They have a duty to keep that space safe for all tenants and visitors.

This is especially important in cases where tenants regularly let their dogs run loose in common areas. If the landlord knows this is happening and doesn’t stop it, they’re creating a dangerous situation.

Landlord as “Keeper” of the Dog

In some situations, landlords can be considered “keepers” of a dog, even if they don’t technically own it. This usually happens when:

The landlord feeds or cares for the dog.
The dog lives in common areas or on landlord-controlled property.
The landlord exercises some control over the dog’s activities.
The dog provides security for the property.

I’ve seen cases where landlords let tenants keep “guard dogs” for the property. When those dogs attack innocent visitors, the landlords often face liability because they benefited from having the dogs around.

Property Owner Liability Beyond Landlords

It’s not just landlords who can face liability for dog bites. Other types of property owners can be on the hook too, depending on the circumstances.

Commercial Property Owners

If you’re bitten by a dog at a shopping center, office building, or other commercial property, the property owner might be liable. This often comes up when:

Employees bring dogs to work.
Business owners allow customers to bring pets.
Stray dogs hang around the property.
Security dogs are used on the premises.

Commercial property owners generally have higher duties to keep their premises safe because they’re inviting the public onto their property for business purposes.

Homeowners Associations (HOAs)

HOAs can face liability when they know about dangerous dogs in the community but don’t take action. This might happen when:

The HOA receives complaints about aggressive dogs.
Breed restrictions exist but aren’t enforced.
Dog attacks happen in common areas controlled by the HOA.
The HOA has rules about leashing dogs that aren’t enforced.

Property Management Companies

Don’t forget about property management companies. If they’re handling the day-to-day operations of a property, they might have the same duties as landlords. This includes:

Responding to tenant complaints about dangerous dogs.
Enforcing pet policies.
Maintaining safe common areas.
Taking action when they become aware of dangerous conditions.

Proving Your Case Against Third Parties

Going after a landlord or property owner for a dog bite isn’t as straightforward as suing just the dog owner. You need to build a solid case that shows they had some responsibility for what happened.

Gathering Evidence of Knowledge

The most important thing you need to prove is that the third party knew about the dangerous dog. Start collecting evidence right away:

Document everything: Take photos of your injuries, the location where the attack happened, and any signs or notices about pets on the property.
Get witness statements: Talk to other tenants or people who might have seen the dog acting aggressively before.
Request records: Ask for copies of any complaints made about the dog, incident reports, or communications between the landlord and tenant about pets.
Check lease agreements: Get a copy of the lease to see what pet policies were in place and whether they were being followed.

Establishing the Duty of Care

You also need to show that the landlord or property owner had a duty to protect you from the dog attack. This varies depending on your relationship to the property:

Tenants generally have the strongest case because landlords have ongoing duties to provide safe housing.
Invited guests (like friends visiting tenants) also have good protection under premises liability law.
Business invitees at commercial properties have strong rights to safe premises.
Trespassers have the weakest case, but even they can sometimes recover if the property owner knew about extremely dangerous conditions.

Showing Breach of Duty

Once you establish that a duty existed, you need to show it was breached. Common examples include:

Failing to enforce pet policies.
Ignoring complaints about dangerous dogs.
Not taking action after previous incidents.
Allowing dangerous conditions to exist in common areas.

Proving Causation

Finally, you need to connect the third party’s actions (or inaction) to your injuries. This means showing that if they had done what they should have done, the attack wouldn’t have happened.

For example, if a landlord had enforced their “no dogs” policy, the attacking dog wouldn’t have been on the property in the first place.

Common Defenses Third Parties Use

Landlords and property owners don’t just roll over when faced with dog bite claims. They’ve got lawyers too, and those lawyers know how to fight these cases. Here are the most common defenses you’ll encounter:

“We Didn’t Know About the Dog”

This is the big one. Third parties will claim they had no idea there was a dangerous dog on the property. They might say:

The tenant hid the dog from them.
They never received any complaints.
The dog seemed friendly when they saw it.
No one told them about previous incidents.

To counter this, you need solid evidence of their knowledge. Written complaints, witness testimony, and documented incidents are your best weapons.

“It’s Not Our Property”

Property owners will try to shift blame by claiming the attack happened somewhere they don’t control. For example:

“The attack happened in the tenant’s apartment, not a common area.”
“That’s city property, not ours.”
“The tenant was responsible for that area.”

You need to be clear about exactly where the attack happened and who controlled that space.

“We Couldn’t Have Prevented It”

Even if they admit knowledge, third parties might argue they couldn’t have done anything to prevent the attack. They might claim:

Evicting the tenant would have taken too long.
They had no legal right to remove the dog.
The tenant promised to get rid of the dog.
Security measures were already in place.

This is where having a good lawyer becomes really important. There are usually steps property owners could have taken, but it takes legal expertise to identify and argue them.

“The Victim Was at Fault”

Unfortunately, some defendants will try to blame you for your own injuries. They might say:

You provoked the dog.
You were trespassing.
You ignored warning signs.
You should have avoided the area.

Don’t let this discourage you. Even if you made some mistakes, you can still recover damages in most states. The key is showing that the third party’s negligence was a significant factor in causing your injuries.

Types of Damages You Can Recover

When you successfully prove a case against a landlord or property owner, you can recover the same types of damages as in any dog bite case – and sometimes more.

Medical Expenses

This includes all your medical costs related to the attack:

Emergency room treatment
Surgery and hospitalization
Doctor visits and specialist care
Physical therapy and rehabilitation
Prescription medications
Mental health counseling
Future medical expenses for ongoing treatment

Keep every single receipt and medical record. Even small expenses add up, and you want to be compensated for everything.

Lost Income and Earning Capacity

If the attack caused you to miss work or affected your ability to earn money, you can recover:

Lost wages during recovery
Lost salary and benefits
Reduced earning capacity if you can’t return to your old job
Lost business income if you’re self-employed
Future income losses from permanent disabilities

Pain and Suffering

This covers the physical pain and emotional trauma from the attack. It’s harder to put a number on than medical bills, but it can be a huge part of what you recover. Factors that increase pain and suffering damages include:

Severity of injuries
Length of recovery time
Permanent scarring or disfigurement
Ongoing physical limitations
Psychological trauma and PTSD
Impact on your daily life and relationships

Property Damage

Don’t forget about damaged property:

Torn or bloody clothing
Damaged jewelry or accessories
Broken glasses or phones
Any other personal items destroyed in the attack

Punitive Damages

In extreme cases where the third party’s conduct was particularly reckless or malicious, you might be able to recover punitive damages. These are meant to punish the defendant and discourage anyone else from acting that way.

Punitive damages are rare in dog bite cases, but they might be available if:

The property owner knowingly kept an extremely dangerous dog.
They ignored multiple serious incidents.
They actively concealed the danger from others.
Their conduct showed complete disregard for public safety.

The Role of Insurance

Here’s something that might surprise you: going after landlords and property owners often means you’re really going after their insurance companies. And that can actually work in your favor.

Landlord Insurance Policies

Most landlords carry liability insurance that covers injuries on their property. These policies typically have much higher limits than homeowner’s insurance – sometimes $1 million or more.

This is great news for dog bite victims because it means there’s actually money available to pay your claim. Even if the dog owner has no insurance or assets, the landlord’s policy might cover your damages.

Commercial Property Insurance

Commercial property owners usually have even higher insurance limits. Some carry $5 million or more in liability coverage. This is because they face greater exposure from having more people on their property.

Homeowner’s Association Insurance

HOAs typically carry liability insurance that covers common areas and association activities. If a dog attack happens in an HOA-controlled area, this insurance might apply.

How Insurance Companies Handle These Claims

Insurance companies don’t like paying claims, so they’ll fight hard to avoid liability. They might:

Deny that their insured had knowledge of the dangerous dog.
Argue that the attack happened outside their coverage area.
Claim that pet-related incidents are excluded from the policy.
Try to shift all blame to the dog owner.

Having an experienced attorney is really important when dealing with insurance companies. They know all the tricks insurers use and how to counter them.

Building a Strong Case: What You Need to Do

If you’ve been attacked by a dog on someone else’s property, here’s what you need to do to protect your rights:

Immediate Steps After the Attack

Get medical attention: This should always be your first priority. Even minor-looking bites can become seriously infected.
Report the incident: Call animal control and file a police report. This creates an official record of what happened.
Document everything: Take photos of your injuries, the location, and anything else relevant to the attack.
Get contact information: Collect names and phone numbers from any witnesses.
Don’t give statements: Don’t talk to insurance companies or sign anything without consulting a lawyer first.

Investigating the Property Owner’s Role

Once you’re safe and getting medical treatment, start investigating whether third parties might be liable:

Identify all potential defendants: Don’t just focus on the dog owner. Consider landlords, property managers, HOAs, and commercial property owners.
Research property ownership: Find out who actually owns and controls the property where the attack happened.
Look for pet policies: Get copies of lease agreements, HOA rules, or posted signs about pets.
Talk to other tenants or neighbors: They might know about previous incidents or complaints about the dog.
Check for previous incidents: Ask around to see if the dog has attacked anyone else or shown aggressive behavior before.

Working with Attorneys

Dog bite cases involving third parties are complicated. You really need an experienced personal injury attorney to help you through the process.

At McCormick & Murphy P.C., we’ve been handling these types of cases for over 30 years. We understand how to investigate third-party liability and build strong cases against landlords and property owners.

We work on a contingent fee basis, which means you don’t pay attorney fees unless we recover money for you. If there’s no recovery through settlement or judgment, there’s no fee.

State-by-State Variations in the Law

One thing that makes dog bite law tricky is that every state has different rules. What applies in Colorado might not work in California or New York.

Strict Liability vs. One Bite Rule States

Strict liability states make dog owners liable for bites regardless of whether they knew the dog was dangerous. Examples include California, Florida, and Illinois.

One bite rule states only hold owners liable if they knew or should have known their dog was dangerous. Examples include Texas, New York, and Virginia.

But here’s the thing – even in strict liability states, third-party liability usually still requires proof of knowledge or negligence.

Colorado’s Approach

Since I practice in Colorado, let me tell you how our state handles these cases. Colorado follows a modified strict liability rule for dog owners, but third-party liability follows traditional premises liability principles.

In Colorado, landlords and property owners can be liable if:

They knew the dog was dangerous and failed to take reasonable steps to protect others.
They violated a duty imposed by lease terms or local ordinances.
They had control over the dog or the area where the attack occurred.

Colorado also has specific statutes about dangerous dogs that can create additional duties for property owners who know about them.

Why Local Law Matters

The specific laws in your state can make a huge difference in your case. Some states have:

Specific statutes about landlord liability for tenant’s pets.
Different standards for what counts as “knowledge” of danger.
Varying rules about damages and insurance coverage.
Different statutes of limitations for filing claims.

This is another reason why working with a local attorney is so important. We know Colorado law inside and out, and we understand how local courts handle these cases.

Recent Trends and Changes in the Law

Dog bite law is constantly evolving, and there have been some interesting developments in recent years that affect third-party liability.

Increased Focus on Breed-Specific Legislation

More cities and counties are passing breed-specific legislation (BSL) that restricts or bans certain types of dogs. While these laws are controversial, they can create additional duties for landlords and property owners.

If a local ordinance prohibits pit bulls, for example, and a landlord knowingly allows a tenant to keep one, that violation of law can be evidence of negligence if the dog attacks someone.

Technology and Evidence Gathering

Security cameras, doorbell cameras, and smartphone videos are making it easier to prove dog bite cases. We’re seeing more cases where attacks are caught on video, which can be powerful evidence of what really happened.

Social media is also playing a bigger role. People post photos and videos of their pets, sometimes showing aggressive behavior. These posts can be evidence that property owners knew about dangerous dogs.

Insurance Industry Changes

Insurance companies are getting more sophisticated about excluding coverage for certain dog breeds or previous bite incidents. This means it’s more important than ever to identify all potential sources of recovery, including third-party liability.

Some insurers are also requiring landlords to have specific policies about tenant pets, which can create additional duties and potential liability.

What Makes These Cases Challenging

I won’t sugarcoat it – dog bite cases involving third parties are tough. Here are some of the challenges you’ll face:

Multiple Defendants and Insurance Companies

When you sue multiple parties, you’re dealing with multiple insurance companies and defense attorneys. They’ll often try to blame each other instead of taking responsibility for your injuries.

Complex Legal Issues

Third-party liability involves premises liability law, landlord-tenant law, insurance law, and sometimes municipal ordinances. It takes experience to handle all these moving parts.

Emotional Defenses

Defendants will often try to make the case about the dog instead of their own negligence. They’ll show photos of the dog being friendly or argue that it was just protecting its territory.

Proving Knowledge

The hardest part is usually proving that the third party knew about the danger. People don’t always document complaints or incidents, so you might have to rely on witness testimony and circumstantial evidence.

Damages Limitations

Some states limit damages in certain types of premises liability cases. Others have specific rules about when punitive damages are available.

How to Choose the Right Attorney

Not all personal injury attorneys handle dog bite cases, and even fewer have experience with third-party liability claims. Here’s what to look for:

Experience with Dog Bite Cases

Ask potential attorneys how many dog bite cases they’ve handled and what their success rate is. General personal injury experience isn’t enough – you need someone who understands the specific challenges of these cases.

Knowledge of Local Law

Dog bite law varies significantly from state to state. You want an attorney who practices in your jurisdiction and knows the local rules.

Resources to Investigate

These cases require thorough investigation to identify all potential defendants and prove their liability. Make sure your attorney has the resources to do this properly.

Trial Experience

While most cases settle, you want an attorney who’s willing and able to take your case to trial if necessary. Insurance companies offer better settlements when they know the attorney isn’t afraid of the courtroom.

Fee Structure

Most dog bite attorneys work on contingency fees, but the percentage can vary. Make sure you understand exactly what you’ll pay and when.

The Settlement vs. Trial Decision

Most dog bite cases settle out of court, but that doesn’t mean you should accept the first offer. Here’s what you need to know about settlements:

Advantages of Settling

You get money faster.
You avoid the uncertainty of trial.
You save on litigation costs.
You don’t have to testify about traumatic events.

Disadvantages of Settling

You might get less money than at trial.
You can’t go back for more if your injuries get worse.
The defendants don’t admit fault.
There’s no public accountability.

When to Consider Trial

Sometimes trial is the better option, especially when:

The insurance company’s settlement offer is unreasonably low.
You have a very strong case with clear evidence of liability.
Your damages are severe and likely to be much higher at trial.
The defendants’ conduct was particularly egregious.

Your attorney should help you weigh these factors and make the decision that’s best for your specific situation.

Prevention: What Property Owners Should Do

While this article is mainly for bite victims, it’s worth mentioning what property owners can do to prevent these incidents and protect themselves from liability:

Implement Clear Pet Policies

Have written policies about pets that cover:

Which animals are allowed.
Size and breed restrictions.
Vaccination and licensing requirements.
Leashing and containment rules.
Consequences for violations.

Enforce Policies Consistently

Don’t play favorites or ignore violations. If you have a no-pets policy, enforce it. If you allow pets with restrictions, make sure tenants follow them.

Respond to Complaints Promptly

When tenants complain about aggressive animals, investigate immediately and take appropriate action.

Document Everything

Keep records of all pet-related communications, complaints, and incidents. This protects you if problems arise later.

Carry Adequate Insurance

Make sure your liability insurance covers pet-related incidents and has sufficient limits to protect your assets.

Moving Forward After a Dog Attack

Dealing with a dog attack is traumatic, both physically and emotionally. The legal process can add to that stress, especially when you’re trying to figure out who’s responsible and how to get compensation for your injuries.

Remember that you don’t have to handle this alone. An experienced personal injury attorney can investigate your case, identify all potential sources of recovery, and fight for the compensation you deserve.

If you’ve been attacked by a dog on someone else’s property here in Colorado, don’t wait to get help. The sooner you act, the better chance you have of preserving evidence and building a strong case.

At McCormick & Murphy P.C., we’ve been helping dog bite victims for over 30 years. We understand the complexities of third-party liability and know how to hold landlords and property owners accountable when they fail in their duties.

You can visit us at 929 W Colorado Ave in Colorado Springs, or call us at (719) 800-9407 for a free consultation. We’ll review your case, explain your options, and help you understand what your claim might be worth.

Don’t let insurance companies or property owners minimize your injuries or avoid responsibility. You deserve compensation for what you’ve been through, and we’re here to help you get it.

Remember, we work on a contingent fee basis – you don’t pay attorney fees unless we recover money for you. If there’s no recovery through settlement or judgment, there’s no fee. That means you can get experienced legal help without any upfront costs or financial risk.

Dog attacks can change your life in an instant, but you don’t have to face the aftermath alone. Get the help you need to move forward and recover from this traumatic experience.