Tenants dog bit someone

[Joz]

What is the name of your state? TN. We have a rental in TN, (out of state) and the tenant has a dog (Pitbull) without permission. The lease states, "no pets" and the PM was not aware of the dog. Apparently, the dog broke loose from a chain and bit a teenager on the hand. Now, we are named in the lawsuit along with the tenant (that's getting evicted). What kind of liability do I have in this if any? Months ago, it was turned into my insurance company and haven't heard anything from them. I was just served today with papers. My wife is also listed but was not home to receive her papers. I pay the PM monthly to manage the property and enforce the rules. Are they liable? BTW - the person suing was also arrested for making a false police report (unrelated, trying to collect on stolen property that wasn't stolen) but within days of the dog bite.
We'll be contacting a lawyer in TN tomorrow. Can we counter sue for expenses?
Thanks in advance for any advice.

 

[Just Blue]

What is the name of your state? TN. We have a rental in TN, (out of state) and the tenant has a dog (Pitbull) without permission. The lease states, "no pets" and the PM was not aware of the dog. Apparently, the dog broke loose from a chain and bit a teenager on the hand. Now, we are named in the lawsuit along with the tenant (that's getting evicted). What kind of liability do I have in this if any? Months ago, it was turned into my insurance company and haven't heard anything from them. I was just served today with papers. My wife is also listed but was not home to receive her papers. I pay the PM monthly to manage the property and enforce the rules. Are they liable? BTW - the person suing was also arrested for making a false police report (unrelated, trying to collect on stolen property that wasn't stolen) but within days of the dog bite.
We'll be contacting a lawyer in TN tomorrow. Can we counter sue for expenses?
Thanks in advance for any advice.

Is this the same dog bite issue?

Being sewed through a rental property? | Forum.FreeAdvice.com

 

[quincy]

What is the name of your state? TN. We have a rental in TN, (out of state) and the tenant has a dog (Pitbull) without permission. The lease states, "no pets" and the PM was not aware of the dog. Apparently, the dog broke loose from a chain and bit a teenager on the hand. Now, we are named in the lawsuit along with the tenant (that's getting evicted). What kind of liability do I have in this if any? Months ago, it was turned into my insurance company and haven't heard anything from them. I was just served today with papers. My wife is also listed but was not home to receive her papers. I pay the PM monthly to manage the property and enforce the rules. Are they liable? BTW - the person suing was also arrested for making a false police report (unrelated, trying to collect on stolen property that wasn't stolen) but within days of the dog bite.
We'll be contacting a lawyer in TN tomorrow. Can we counter sue for expenses?
Thanks in advance for any advice.

You can’t countersue the teenager for filing a lawsuit against the dog owner and also naming you and your wife as co-defendants in the suit.

You potentially could recover the costs of defending against the lawsuit from your tenant with the biting dog, however. And you could move to be dismissed from the suit.

The dog owner/tenant should be held strictly liable for the injury caused by the dog to the teenager, absent any other facts.

 

[adjusterjack]

Months ago, it was turned into my insurance company and haven't heard anything from them.

Call the claim rep and ask about it.

I was just served today with papers.

Now you really need to call your claim rep and advise of the lawsuit and forward the papers. The claim rep is likely to give you an email address to send it to so it can be matched up with your file.

BTW - the person suing was also arrested for making a false police report (unrelated, trying to collect on stolen property that wasn't stolen) but within days of the dog bite.

Likely irrelevant.

We'll be contacting a lawyer in TN tomorrow.

That's certainly your option but you might want to hold off on that until you talk to your claim rep and give him a chance to review the lawsuit and assign it to a company attorney.

Can we counter sue for expenses?

You shouldn't have any expenses. Your insurance pays for your defense.

 

[quincy]

Call the claim rep and ask about it.



Now you really need to call your claim rep and advise of the lawsuit and forward the papers. The claim rep is likely to give you an email address to send it to so it can be matched up with your file.



Likely irrelevant.



That's certainly your option but you might want to hold off on that until you talk to your claim rep and give him a chance to review the lawsuit and assign it to a company attorney.



You shouldn't have any expenses. Your insurance pays for your defense.

The dog is a pit bull and could very well be excluded from policy coverage.

 

[LdiJ]

What is the name of your state? TN. We have a rental in TN, (out of state) and the tenant has a dog (Pitbull) without permission. The lease states, "no pets" and the PM was not aware of the dog. Apparently, the dog broke loose from a chain and bit a teenager on the hand. Now, we are named in the lawsuit along with the tenant (that's getting evicted). What kind of liability do I have in this if any? Months ago, it was turned into my insurance company and haven't heard anything from them. I was just served today with papers. My wife is also listed but was not home to receive her papers. I pay the PM monthly to manage the property and enforce the rules. Are they liable? BTW - the person suing was also arrested for making a false police report (unrelated, trying to collect on stolen property that wasn't stolen) but within days of the dog bite.
We'll be contacting a lawyer in TN tomorrow. Can we counter sue for expenses?
Thanks in advance for any advice.

You need to immediately turn the matter over to your insurance company. They will handle it and provide a lawyer. You would not be countersuing for expenses because the person suing you is not potentially liable for your expenses, they are the ones that got bitten. You possibly have a suit against your tenant for your expenses but that might potentially be part of the eviction suit (discuss that with the attorney handling the eviction case).

 

[quincy]

Here is a link to Tennessee’s dog bite statute:

https://law.justia.com/codes/tennessee/2021/title-44/chapter-8/part-4/section-44-8-413/

 

[adjusterjack]

The dog is a pit bull and could very well be excluded from policy coverage.

Not without a specific addendum to the policy. The standard liability coverage has no such exclusion.

It could look something like this:

Microsoft Word - 0406.doc (urbratingboard.com)

 

[quincy]

Not without a specific addendum to the policy. The standard liability coverage has no such exclusion.

It could look something like this:

Microsoft Word - 0406.doc (urbratingboard.com)

If the tenant is insured, no exclusion would be helpful then.

I think Joz and his wife can probably be dismissed from the suit.

 

[zddoodah]

What kind of liability do I have in this if any?

You shouldn't have any, but you need to send the lawsuit to your insurance carrier and request that an attorney be appointed to defend you.

Months ago, it was turned into my insurance company and haven't heard anything from them.

What EXACTLY did you do when you "turned [it] into [your] insurance company," and when did those things happen?

I was just served today with papers.

Then you need to get on the phone now with someone in the claims department of your insurer.

I pay the PM monthly to manage the property and enforce the rules. Are they liable?

The property manager should not have liability to the injured person, but it's possible that your contract with the PM obligates him/her to defend and indemnify you in an action like this. What does your contract with the PM say on this subject?

Can we counter sue for expenses?

You can, but doing so would be frivolous. If your defense is successful, you'll be entitled to recover some costs (but not attorneys' fees, which won't be recoverable under any circumstance). You don't have to "counter sue" to make that happen.

 

[quincy]

Joz, because you apparently are in the process of evicting your tenant, make sure you have the tenant’s new address. You don’t want the tenant disappearing.

 

[Joz]

Yes, I posted about this a few months back but thought, it was DOA.

The dog owner/tenant should be held strictly liable for the injury caused by the dog to the teenager, absent any other facts.

I've gone over the lease (again) and still, "no pets". and what I've read, we would have to "warn everyone around the house" that there is a vicious dog. But we did not know about the dog. Also, we would have to make sure the dog was chained/fenced etc... Again, we don't allow dogs. So it appears, we are in the clear.

Now you really need to call your claim rep and advise of the lawsuit and forward the papers. The claim rep is likely to give you an email address to send it to so it can be matched up with your file.

I called them this morning. The adjuster is "out of office till Monday" but doesn't return calls anyway. I then called our agent and sent the new papers to him. The way he talked is that they responded to the law firm in TN saying, "we're not giving you anything" so now it's coming to us. We'll see if the new papers changes anything.
I messaged an old co-worker of mine that's now a lawyer in San Francisco. Maybe we just need a letter to dismiss.

The property manager should not have liability to the injured person, but it's possible that your contract with the PM obligates him/her to defend and indemnify you in an action like this. What does your contract with the PM say on this subject?

Going over the lease, it says, in layman's terms, the Lessor isn't liable for anything, that it's all on the Lessee, lessee friends, family, (for any damage, injuries, etc...).

Joz, because you apparently are in the process of evicting your tenant, make sure you have the tenant’s new address. You don’t want the tenant disappearing.

Yes, we are but for non-payment of rent. PM never confirmed, the tenant had a dog. But I will push for no payment plans, just evict. Court date is tomorrow.

Thanks for all the valuable info and responses. I believe I know exactly what direction to go next.

 

[quincy]

Yes, I posted about this a few months back but thought, it was DOA.

I've gone over the lease (again) and still, "no pets". and what I've read, we would have to "warn everyone around the house" that there is a vicious dog. But we did not know about the dog. Also, we would have to make sure the dog was chained/fenced etc... Again, we don't allow dogs. So it appears, we are in the clear.

I called them this morning. The adjuster is "out of office till Monday" but doesn't return calls anyway. I then called our agent and sent the new papers to him. The way he talked is that they responded to the law firm in TN saying, "we're not giving you anything" so now it's coming to us. We'll see if the new papers changes anything.
I messaged an old co-worker of mine that's now a lawyer in San Francisco. Maybe we just need a letter to dismiss.

Going over the lease, it says, in layman's terms, the Lessor isn't liable for anything, that it's all on the Lessee, lessee friends, family, (for any damage, injuries, etc...).

Yes, we are but for non-payment of rent. PM never confirmed, the tenant had a dog. But I will push for no payment plans, just evict. Court date is tomorrow.

Thanks for all the valuable info and responses. I believe I know exactly what direction to go next.

Thank you for the additional information, Joz. Good luck.

 

[Zigner]

I then called our agent and sent the new papers to him. The way he talked is that they responded to the law firm in TN saying, "we're not giving you anything" so now it's coming to us. We'll see if the new papers changes anything.

It must come to you. Once you have an attorney (whether paid for by you or by the insurance company), then such papers will go to the attorney. You will likely also receive copies even at that point.

I messaged an old co-worker of mine that's now a lawyer in San Francisco. Maybe we just need a letter to dismiss.

That's not how it works.

 

[zddoodah]

The property manager should not have liability to the injured person, but it's possible that your contract with the PM obligates him/her to defend and indemnify you in an action like this. What does your contract with the PM say on this subject?

Going over the lease, it says, in layman's terms, the Lessor isn't liable for anything, that it's all on the Lessee, lessee friends, family, (for any damage, injuries, etc...).

To be clear, my question wasn't what your lease says. There's little question that the landlord who has a lease that gives the tenant exclusive possession of the premises should not be liable for something like this. Rather, I was asking what your contract with your property manager says, if anything, about indemnification for something like this.