Benningfield v. Zinsmeister

Under Kentucky's dog-bite liability statutes, the owner of a dog is strictly liable for damages caused by the dog. This case presented the questions whether a landlord can be liable under the statutory scheme's broad definition of "owner" and whether that liability can extend to injuries caused by a tenant's dog off the leased premises. In this case the attack occurred across the street from the rented property. The trial court granted summary judgment for the landlords under Ireland v. Raymond, which held that a landlord's liability for attacks by a tenant's dog does not extend to attacks that occur off the leased premises. The court of appeals affirmed, also relying on Ireland. The Supreme Court affirmed, holding (1) a landlord can be an "owner" of a tenant's dog for the purposes of liability under certain circumstances; (2) any such liability extends only to injuries caused on or immediately adjacent to the premises; and (3) for that reason, the landlord in this case was not liable under the statutes. View "Benningfield v. Zinsmeister" on Justia Law