Uccello v. Laudenslayer

Opinion

FRANSON, J.

This appeal presents a question of first impression: Under what circumstances does a landlord owe a duty of care to his tenant’s invitees to prevent injury from an attack by a vicious dog kept by the tenant on the leased premises? We hold that a duty of care arises when the landlord has actual knowledge of the presence of the dangerous animal and when he has the right to remove the animal by retaking possession of the premises.

A jury trial commenced on appellant’s complaint for personal injuries against defendant Cappell and respondent Laudenslayer. At the conclusion of…