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The Verdict
This case went before a state court of appeals in Los Angeles, which held that, to be liable, Collins had to have prior "actual knowledge" that Kemo was both being kept at his rental and that he was a vicious dog. Tracy Blackburn's testimony convinced the court that Collins was aware of a dog on the property, but it didn't prove he knew about Kemo or any vicious dog. "Pushing, barking, and jumping at the screen door," the court found, "would not have given Collins actual notice of Kemo's vicious propensities."There was also no proof that Collins knew Kemo had scared any neighbors. No one, it turns out, had ever mentioned Kemo to Collins. It also didn't matter to the court whether or not Collins had asked that dogs be confined when the insurance inspector came. Even if he had, that wouldn't prove Collins thought the dog would attack, since the landlord had no knowledge of any other attacks by Kemo. The kinds of behaviors described in the testimony were "normal dog behaviors," the court said, and not alarming enough to prove that Collins knew that Kemo was dangerous. Finally, landlords aren't obligated to inspect their property for a dangerous animal. The verdict: Without proof Collins knew about this particular dog, he cannot be held liable.
Landlord and tenant responsibility for dog attacks varies by state. To be safe, tenants should obtain written permission to keep a dog, confine and muzzle potentially dangerous dogs, and get renters insurance to cover liability. Landlords should have insurance as well. Collins's insurance spared him costly legal bills. Landlords can require that tenants have insurance too.
Ultimately, Kemo was put to sleep, and the Blackburns moved. Four years after the attack, Brian still needs surgery to repair scars, and his fear of dogs has not diminished. He even told his mom that when he grows up, he would get a dog only if its teeth were removed so it can't hurt anyone.
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