RICHMAN THREE LAKES DEVELOPMENT PARTNERS, LLC
v.
ALFONSO M. PEREZ
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The Third District Court of Appeal affirmed a lower court's decision, holding that a landlord has a duty to protect tenants from a vicious dog if the landlord has knowledge of the dog's dangerous propensities. The court applied established legal principles regarding landlord liability for tenant safety.
Yes, a landlord has a duty to protect its tenants in connection with a vicious dog of which the landlord has knowledge. Constructive knowledge may be established if the dangerous condition occurred with regularity and was therefore foreseeable.
[1] A landlord has a duty to protect tenants in connection with a vicious dog of which the landlord has knowledge.
[2] Constructive knowledge of a dangerous condition may be established by proving that the condition occurred with regularity and was therefore foreseeable.
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Join FLexlaw to unlock all legal intelligence“a landlord has a duty to protect its tenants in connection with a vicious dog of which the landlord has knowledge”
Establishes the landlord's duty of care regarding dangerous animals on the property.
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Join FLexlaw to unlock all legal intelligenceThe specific facts of the underlying case are not detailed in this opinion. However, the case involves a landlord, Richman Three Lakes Development Par…
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PER CURIAM.
Affirmed. See Ramirez v. M.L. Mgmt. Co., 920 So. 2d 36, 39 (Fla. 4th DCA 2005) (explaining generally that “a landlord has a duty to protect its tenants in connection with a vicious dog of which the landlord has knowledge"); Brooks v. Phillip Watts Enters., Inc., 560 So. 2d 339, 341 (Fla. 1st DCA 1990) (setting forth that constructive knowledge of a dangerous condition may be shown by proving that "the condition occurred with regularity and was therefore foreseeable”); see also Universal Beverages Holdings, Inc. v. Merkin, 902 So. 2d 288, 290 (Fla. 3d DCA 2005) (“[T]he trial judge's findings of fact are clothed with a presumption of correctness on appeal, and these findings will not be disturbed unless the appellant can demonstrate that they are clearly erroneous.").
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Citator
Authorities Cited
- Universal Beverages Holdings, Inc. v. Merkin, 902 So. 2d 288 (Fla. 3d DCA 2005)
- R.B. Brooks and Cynthia Brooks v. Phillip Watts Enters., Inc., 560 So. 2d 339 (Fla. 1st DCA 1990)
- Jemma L. Ramirez v. M.L. Mgmt. Co., Inc., 920 So. 2d 36 (Fla. 4th DCA 2005)