Landlords and HOAs can potentially be liable for attacks by domestic and wild animals on their premises
If you live in a rental home or a property that is included in an HOA and you get attacked by an animal, your landlord or HOA could possibly be liable for your injuries.
Why?
Because both landlords and HOAs have a duty of care towards residents. They are expected to use reasonable care to discover dangerous conditions on their property and then either correct the condition or warn guests and residents against the danger.
If conditions are present that could reasonably present a danger of an animal attack and the landlord or HOA has not addressed them, this could be considered a breach of the duty of care. Animal attack victims could bring a personal injury claim against the landlord or HOA based on this negligence.
Here are some examples of the kinds of scenarios that could result in a question of animal attack liability:
Snake Bite: A visitor was bitten by a snake while crossing overgrown grass at an apartment complex. The landlord should have foreseen that overgrown grass would provide an ideal habitat for snakes—Americans have known this since pioneer times. Because they had not cut the grass or posted warnings, a Georgia court found them liable for the injury.
Gator Attack: A man was killed by an alligator at a property belonging to an HOA. A Georgia court found that the HOA was not liable for the death because they had taken many public measures to address the dangers posed by gators on the property, including posting signs and removing large or aggressive animals as they became aware of them.
Dog Attack: A woman was killed by two dogs in the hallway of her San Francisco apartment building. Her partner brought a wrongful death suit against the dogs’ caretakers and the building’s management company on the grounds that all parties were well aware of the dogs’ vicious and dangerous nature, yet did nothing to protect tenants. Both lawsuits were settled out of court for an undisclosed amount.
Bear or Mountain Lion Attack: Here in California, the wild creatures most likely to pose a threat to humans are bears and mountain lions. Both animals have been coming further and further down the foothills and into residential communities around LA. Since this is a commonly known danger, landlords and HOAs need to be careful to take appropriate measures to protect residents. One good example is keeping garbage secure from animals. If garbage is not secured, attracts animals, and then those animals attack, the landlord or HOA could theoretically be accused of negligence and held liable for any deaths or injuries stemming from the attack.
Questions about Animal Attack Injuries?
Whether your case involves a simple dog bite or something more unusual, Fernando D. Vargas can help. Attorney Vargas has ample experience in dog bite and animal attack cases and he can help you understand your rights and options. Contact us at 909-982-0707 for a free consultation.