TT&H Attorneys Scott McCarroll and Matt Clayberger win summary judgment on behalf of a landlord in connection with a dog bite incident that allegedly resulted in serious facial injuries.
December 28, 2017
TT&H Attorneys Scott McCarroll and Matt Clayberger recently won summary judgment on behalf of a landlord in a dog bite case. The Plaintiff was visiting a friend’s apartment when a pit bull allegedly bit off the tip of his nose. The Plaintiff filed suit against the pit bull’s owner, the resident of the apartment, and the landlord of the apartment building. Attorneys McCarroll and Clayberger argued on behalf of the landlord that he was entitled to judgment as a matter of law because the record confirmed the landlord was unaware of the pit bull’s dangerous propensities at the time of the dog bite incident. In fact, there was no evidence of record that the landlord even knew that the dog was a pit bull until sometime after the alleged incident took place.
Ruling in favor of Attorneys McCarroll and Clayberger, the Court entered summary judgment in favor of the landlord. The Court found that the undisputed evidence of record proved that the landlord had no prior knowledge of the pit bull’s alleged dangerous propensities prior to the dog bite incident. Absent actual notice of such dangerous propensities, as a matter of law, the landlord could not be held liable for the Plaintiff’s injuries.