ANTONIO MARTINEZ, AND ANA MARTINEZ, INDIVIDUALLY, AS HUSBAND AND WIFE; AND AS NATURAL GUARDIANS OF ANTONIO DANIEL MARTINEZ, A MINOR, APPELLANTS,
v.
EVELYN SCHIFFMAN AND NATIONAL INDEMNITY INSURANCE COMPANY, APPELLEES
PER CURIAM.
The trial judge correctly held that the second amended complaint failed to state a cause of action against the appellee landlord for injuries caused when a dog owned by his tenants bit the minor plaintiff while he was on the leased premises. Miller v. Sinclair Refining Co., 268 F. 2d 114 (5th Cir. 1959); Simms v. Kennedy, 74 Fla. 411, 76 So. 739 (1917); Collins v. Otto, 149 Colo. 489, 369 P. 2d 564 (1962); cases collected, Annot., Landlord’s Liability for Tenant’s Vicious Pet, 81 A.L.R.3d 638, 641-43 (1977). Compare, Uccello v. Laudenslayer, 44 Cal.App.3d 504, 118 Cal.Rptr. 741 (1975), where the landlord’s liability was based on the lessor's retention of control over the leased premises, a factor which was not alleged in this case.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Sparks v. Kintzing, 487 So. 2d 331 (Fla. 3d DCA 1986)…PER CURIAM. Affirmed. Allen v. Enslow, 423 So. 2d 616 (Fla. 1st DCA 1982); see Rotolante v. Dasilva, 460 So. 2d 560 (Fla. 3d DCA 1984); Martinez v. Schiffman, 402 So. 2d 605 (Fla. 3d DCA 1981); O’Steen v. Kemmerer, 344 So. 2d 313 (Fla. 1st DCA 1977).…
Authorities Cited
- Simms v. Kennedy, 74 Fla. 411 (Fla. 1917)
- Rollins A. Miller v. Sinclair Ref. Co., 268 F.2d 114 (5th Cir. 1959)