Landlord Liability – Animal Liability – Property Management – $1M Demand - Past Medicals Exceeded $1.5M - Summary Judgment Granted
Food delivery driver suffered severe fractures to both legs after leaping from a balcony of an apartment building. The driver asserted that he made a food delivery to a tenant and was chased by a “vicious” pitbull dog owned by the tenant. Plaintiff argued that all pitbulls are inherently vicious and aggressive and that the landlord was negligent in allowing the tenant to own such an animal, even though the dog involved (“Stitch”) had no history of aggressive behavior, and was a certified Emotional Support Animal. Plaintiff underwent multiple surgeries on both legs to recover from the fall. Plaintiff sought recovery for past and future medical expenses and pain and suffering. Past medical expenses alone exceeded $1.5 million.
We defended the landlord and property manager, arguing that pitbulls are not inherently dangerous and that, under the ADA, it is reasonable to accommodate Emotional Support Animals with no history of aggressive behavior. Plaintiff’s decision to leap from the 2nd story onto the asphalt parking lot below was also a superseding, intervening cause of his injury. After 2 ½ years of litigation, where Plaintiff consistently refused to come below their pre-suit demand of $1 million, Premises Liability Partner Katherine E. McKinley and Appellate Director Daniel Weinger obtained final summary judgment in favor of the landlord and property manager.
