How is a landlord liable for a tenant's dog bite?

In Massachusetts, a landlord may be held liable for a tenant’s dog bite if they were aware that the tenant had a dog and the dog posed a reasonable risk of harm to others. This is known as a theory of “negligent landlord liability.” The theory holds that a landlord has a duty to tenants or visitors to provide a safe environment and that the landlord should be aware of any potential dangers created by a tenant’s dog. In determining the landlord’s liability, the court would look at whether the landlord knew or should have known of the existence of the dangerous dog, whether the landlord attempted to take reasonable measures to reduce the risk of a dog bite, or any other negligence that may have contributed to the bite occurring. In some cases, the court may find that the landlord or property manager is not held liable for the dog bite because they had no knowledge that the tenant owned a dangerous dog and took all the reasonable precautions to protect other tenants and visitors. However, if the landlord or property manager knew or should have known of the potential danger and failed to take reasonable measures to reduce it, then they may be held liable for the tenant’s dog bite.

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