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Premises liability

Where the property is leased and under the control of the tenant, the landlord is off the hook for injuries which occur on the premises.

 

 

Landlord liability for injury on property

 

             In a recent case in York County Superior Court the judge ruled that as a general rule landlords are not liable for dangerous conditions related to leased premises where the tenant has exclusive possession and control.

 

            In that case plaintiff sued the owner of property based on an injury caused by the tenant’s dog even though it was admitted that the owner was not the keeper of the dog.  The court’s decision was that the owner had no duty to control the dog and therefore the lawsuit was dismissed.

 

            You may wonder why the injured plaintiff did not simply sue the tenant who owned the dog.  The reason, no doubt, was that the tenant had no insurance and no assets which could be available to pay for any judgment against him.


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