Scott v. Donkel
Summary: <p> In this Alabama case, there was an injury to a non-tenant child by a dog bite, and the defendant was a landlord. The attack occurred off the rented premises in the public street. <span> </span> The action was based upon negligence, that is, a failure to protect against a dangerous condition. <span> </span> The key to such a claim is the knowledge of the landlord. Plaintiff presented no evidence of the landlord being aware of the dog let alone that he knew of its vicious propensity. <span> </span> The court did not find a duty to inspect the premises and discover this information. The court did not reach the point that the attack occurred off the premises. The granting of the motion for summary judgment for the landlord was upheld. </p>
In this Alabama case, there was an injury to a non-tenant child by a dog bite, and the defendant was a landlord. The attack occurred off the rented premises in the public street. The action was based upon negligence, that is, a failure to protect against a dangerous condition. The key to such a claim is the knowledge of the landlord. Plaintiff presented no evidence of the landlord being aware of the dog let alone that he knew of its vicious propensity. The court did not find a duty to inspect the premises and discover this information. The court did not reach the point that the attack occurred off the premises. The granting of the motion for summary judgment for the landlord was upheld.