Rosseau v. Fintz

Nohra Rosseau (“Rosseau”) appeals an adverse summary judgment entered in favor of Israel Fintz (“Fintz”). We reverse, because there is a genuine issue of material fact as to whether Fintz, a landlord, knew, or should have known, of the vicious propensity of a dog that bit Rosseau.

Fintz owned a duplex which he leased to tenants Wilfred and Dorothy Gayle (“tenants”). The tenants’ lease agreement prohibited pets without Fintz’s written consent. Although the tenants never obtained such consent, they maintained two dogs on the property for protection. The dogs were usually kept outside chained to…