Legal Opinion

Palermo v. Nails

Supreme Court of Pennsylvania

Decided October 26, 1984No. 02350PublishedCited by 27 opinions

1Opinion of the Court

CIRILLO, Judge:

This appeal presents for the first time in Pennsylvania, the question of whether a landlord out of possession owes a duty of care to his tenant’s invitees to prevent injury from a vicious animal kept by the tenant on the leased premises. Public policy requires a landlord to exercise an ordinary duty of care towards his tenant’s invitees when the landlord has actual knowledge of the dangerous animal’s vicious propensities and where the landlord maintains possession or control of the property.

This appeal arises from a personal injury suit commenced by appellee James J. Palermo,…

2Cases cited5 opinions

  1. Uccello v. LaudenslayerCalifornia Court of Appeal · 1975
  2. Feld v. MerriamSuperior Court of Pennsylvania · 1983
  3. Juarbe v. City of PhiladelphiaSuperior Court of Pennsylvania · 1981
  4. Collins v. OttoSupreme Court of Colorado · 1962
  5. Denagy v. DoscherNew York Supreme Court · 1963

3Cited by27 opinions

  1. Matthews v. Amberwood Associates Ltd. Partnership, Inc.Court of Appeals of Maryland · 1998
  2. Alaskan Village, Inc. v. Smalley Ex Rel. SmalleyAlaska Supreme Court · 1986
  3. Vigil by and Through Vigil v. PayneColorado Court of Appeals · 1986
  4. Batra v. Clark, Texas Court of Appeals, 1st District (Houston)2003
  5. Gentle v. Pine Valley ApartmentsSupreme Court of Alabama · 1994

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