Can apartment complex be held liable?

[whiggs]

What is the name of your state? Georgia

Hello all. So, I recently took my dog to a dog park within the apartment complex I live in. However, certain sections of the barrier surrounding the dog park consist of a stone wall, sections of which are extremely low to the ground and very easily vaulted. So, when another dog and it's owner walked past the park, my dog vaulted over the wall and attacked the other dog. Normally I keep my dogs on a leash at all times when they are outside, and only let them off their leash because the dog park is meant to be a place to allow them to play off leash. Could the apartment complex be held liable for the attack due to the inadequate barrier surrounding the park?

 

[Taxing Matters]

Could the apartment complex be held liable for the attack due to the inadequate barrier surrounding the park?

Possibly the complex might have some liability for that, but so would you. For the complex it will matter what rules it has for the use of its park, what the landlord or manager knew about the potential risks given the design of the park, and the history of prior incidents, if any. If the park requires you to be in control of your dog at all times while in the park (which is a rule they really should have) that may help the park avoid liability because its rule, if followed, wouldn't result in that sort of problem occurring. Then the focus is all on you. If you are sued and the plaintiff does not include the apartment complex you could file to have the apartment included as a third party defendant. If you do that, though, I expect you'd be out of that apartment at the expiration of the lease. Landlords are not keen to keep tenants who sue them or draw them into lawsuits, after all. If you have renters insurance contact your insurer about this. It may be that you are covered for it.

 

[whiggs]

Possibly the complex might have some liability for that, but so would you. For the complex it will matter what rules it has for the use of its park, what the landlord or manager knew about the potential risks given the design of the park, and the history of prior incidents, if any. If the park requires you to be in control of your dog at all times while in the park (which is a rule they really should have) that may help the park avoid liability because its rule, if followed, wouldn't result in that sort of problem occurring. Then the focus is all on you. If you are sued and the plaintiff does not include the apartment complex you could file to have the apartment included as a third party defendant. If you do that, though, I expect you'd be out of that apartment at the expiration of the lease. Landlords are not keen to keep tenants who sue them or draw them into lawsuits, after all. If you have renters insurance contact your insurer about this. It may be that you are covered for it.

Thank you for your reply. So, I took a look at the lease, and found this:

Resident must maintain all dogs and cats on a leash and shall follow all leash laws when the animal is outside of the apartment or outside of an approved and enclosed animal park, if any, specifically designated for the animals

So that would be a big "yes" then as to whether the apartment can be held liable, correct?

 

[Taxing Matters]

So that would be a big "yes" then as to whether the apartment can be held liable, correct?

It's not a slam dunk. But it does mean that the apartment contemplated that dogs would be off the leash in the dog park, and thus should have designed the park with that in mind. However, there is also the issue of your own liability for failing to control your dog. I don't see you escaping liability for that; the apartment must also be held liable in addition to you, though.

 

[whiggs]

It's not a slam dunk. But it does mean that the apartment contemplated that dogs would be off the leash in the dog park, and thus should have designed the park with that in mind. However, there is also the issue of your own liability for failing to control your dog. I don't see you escaping liability for that; the apartment must also be held liable in addition to you, though.

How does one control a dog off leash? I mean, I keep my dogs very much on leash whenever I take them out. I only took them off the leash within the park because I was relying on the barrier to serve its purpose of keeping my dog contained within the confines of the park. Based on the contents of the lease, it would seem the apartment complex meant for it to serve this purpose as well. Doesn't the fact that the barrier failed to serve its purpose make it impossible to fully control ones dog while still following the guidelines for the use of the park? All I am saying is that I have tried my hardest to be a responsible pet owner and maintain control of dogs when they are outside, and have successfully done so for 5 years. I could understand if the other dog was inside the confines of the park as well, but it wasn't. It was outside the park, so I was relying on the barrier to serve its purpose in order to maintain control of my dog. The fact that it didn't presents a conundrum: how can one maintain control of their dog within the park if the rules specifically allow for them to be off-leash within the confines of the park?

 

[Taxing Matters]

How does one control a dog off leash?

You do it by training the dog not to go after other dogs and to obey your commands to stay, to come to you, etc. If you cannot control your dog without a leash when outside, including at a dog park, then always use a leash. We have off-leash dog parks in the city I live. The rule is very clear there: you are expected to keep control of your dog at all times. If you don't and your dog attacks someone else or another dog, that's on you. So unless you know you have good control of the dog off-leash, use a leash.

 

[whiggs]

You do it by training the dog not to go after other dogs and to obey your commands to stay, to come to you, etc. If you cannot control your dog without a leash when outside, including at a dog park, then always use a leash. We have off-leash dog parks in the city I live. The rule is very clear there: you are expected to keep control of your dog at all times. If you don't and your dog attacks someone else or another dog, that's on you. So unless you know you have good control of the dog off-leash, use a leash.

Ok. Maybe I misspoke there. Like I said, if there was another dog in the park, then you bet I would have had my dogs on a leash while in the park. It wouldn't be the first time I have done so. Just as I would not take his leash off if I went to a non-enclosed dog park. But this dog park was enclosed. The lease makes that very clear that dogs are allowed to be off leash within the park. Yes, the owners need to control the interactions with the other dogs in the park, but the fact that the enclosed park is only one of two places where leash laws are not applicable (the only other place being inside the apartment) indicate that the barrier is meant to separate the dog park from the rest of the external environment, and, therefore, was a factor in the decision to let my dog off his leash, as I would if he were in an enclosed back yard. If the barrier were not there, I knew it didn't work, or if another person brought his/her pets to the park, you bet I would put/keep the leash on. If the enclosure had performed the function it was supposed to, I would have had control of my dogs. It sucks that it didn't, and I will certainly keep that in mind and act accordingly going forward, but I don't think that not having the clairvoyance to know that the enclosure was ineffective and the fact that I assumed it would serve its purpose means that I didn't have control of my dog or that I should be punished for that. Don't get me wrong: I definitely tried to do right by the owner of the other dog, and I am not trying to weasel out of covering any potential vet bills, as I would rather avoid court altogether. I just want to ensure, should it come to that, that I have my bases covered.

 

[Zigner]

Sounds to me like your dog wasn't IN the dog park when he attacked the other dog. It's not like you didn't know there was a low wall. YOU could be liable 100% to the owner of the other dog should he choose to sue you alone. Of course, the other party may want to include the apartment complex, or may not. Also, if you are sued alone, you can attempt to pull the apartment complex in as a co-defendant.

 

[stealth2]

How does one control a dog off leash?

You train your dog. Or you keep it on leash. It really is that simple. Especially if you are aware that the "fencing" is inadequate. It's known as being a "responsible" dog owner.

 

[Just Blue]

The px hx on this poster is a must read.

 

[quincy]

You train your dog. Or you keep it on leash. It really is that simple. Especially if you are aware that the "fencing" is inadequate. It's known as being a "responsible" dog owner.

"Come" and "stay" and "sit" are pretty standard training commands. A dog should know to react immediately to these commands before they are unleashed in a public place.

Rental insurance policies often do not cover dog bites.

 

[adjusterjack]

my dog vaulted over the wall and attacked the other dog.

What kind of dog?

And does your insurance company know you have it?

 

[stealth2]

How does one control a dog off leash?

I keep thinking about this.... It's like asking "how do you keep a child from running into the road?" You teach them. It really is that simple.

I have two dogs. Beagles. Both know "Sit", "Wait", "Come", and "STOP!" But... beagles. The nose takes control and the ears shut off, at times. So, "off leash" for them means I've let go, but leashes are still attached. With me right there or in hot pursuit. So all that is needed is stepping on the leash.

Point being - I know my dogs, I've trained them, but I also understand what may happen. And I have taken steps to reduce the odds. Because I don't want to risk an incident. Ever.