Legal Question in Real Estate Law in California
Pet owner liability
My question is:
I have a dog. I rent my home. My landlord does not allow dogs and said so on the lease. I do not have liability insurance and I am fairly certain my landlord does not.
My dog scared my postman causing her to fall and break her wrist. She is suing me and her attorney says that since I do not have liability insurance he is required to sue my landlord.
Is my landlord protected at all in this instance? Why would I not be the one liable?
2 Answers from Attorneys
Re: Pet owner liability
As the owner of the property, he has a higher duty of care to others. Therefore, he is liable, but he can then come after you.
Re: Pet owner liability
The landlord is being sued because of his 'deep pockets,' not because it is necessary in any formal legal sense. The landlord has a decent defense, but there is no certainty he will escape liability. If he loses, he can come after you since you violated your lease agreement.
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