Martinez v. Schiffman

Florida District Courts of Appeal
Martinez v. Schiffman, 402 So. 2d 605 (1981)
1981 Fla. App. LEXIS 21018
Barkdull, Ferguson, Schwartz

Martinez v. Schiffman

Opinion of the Court

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.

Reference

Full Case Name
Antonio MARTINEZ, and Ana Martinez, individually, as husband and wife and as natural guardians of Antonio Daniel Martinez, a minor v. Evelyn SCHIFFMAN and National Indemnity Insurance Company
Cited By
1 case
Status
Published