Florida District Courts of Appeal, 1981

Martinez v. Schiffman

Martinez v. Schiffman
Florida District Courts of Appeal · Decided September 1, 1981 · Barkdull, Ferguson, Schwartz
402 So. 2d 605; 1981 Fla. App. LEXIS 21018 (Southern Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.