William Deveneau v. Susan Weilt and Brian Toomey

Robinson, J.,

¶ 19. dissenting. Although a landlord generally has no duty to third parties injured by a tenant’s animals that escape through inadequate fencing erected and maintained solely by the tenant, a landowner in possession of property does have a duty to third parties to act with reasonable care in exercising the control the landowner has over the property. Applying these principles to the facts in this case, plaintiffs evidence is more than sufficient to survive summary judgment, especially in light of the evidence that Toomey never leased the property on which the horses were…