As a landlord, you have a lot on your plate, and worrying about your tenants’ pets is not something you want on your list. Yet, you might find yourself asking, “Can a landlord be sued if a tenant’s dog bites someone?” when a resident keeps their pet on your property. If this question keeps you up at night, speaking with a Greenville landlord-tenant attorney can help you understand where you stand.
The short answer is that you can be responsible in certain situations, though not always. Matejka Law wants you to know your rights and risks so you can protect yourself. Our blog below explains when liability applies and how you can reduce your exposure as a rental property owner.
When South Carolina Holds Landlords Accountable for Tenant Dog Bites
South Carolina places strict liability on dog owners, but landlords occupy a different legal position. You are usually not automatically responsible just because a tenant’s dog hurts someone on your property.
Still, the law does not give you a free pass in every case. Knowing the rules around landlord liability for dog bites is the first step to reducing your legal risk.
Courts look at a few key factors before holding a landlord accountable. Understanding these elements early can help you avoid a costly lawsuit.
The common factors courts review include:
- Knowledge of danger: You had actual or constructive notice that the dog was aggressive through past bites, complaints, or animal control reports.
- Control over the property: You had the power to remove the dog through lease terms or eviction, or the bite happened in a common area you control.
- Failure to act: You knew about the risk but did nothing to fix it.
If you’re ever unsure about your situation, hiring a lawyer for guidance may be helpful.
How Common Areas Create Risk
Where the attack happens matters a great deal. Bites inside a tenant’s private unit rarely lead to landlord liability because you have little day-to-day control there.
Common areas are a different story. Spaces like hallways, parking lots, and shared yards remain under your control as the property owner.
Under South Carolina law, you must keep these shared spaces in reasonably safe condition. So, can a landlord be sued if a tenant’s dog bites someone in a common area? It’s possible, especially if you knew a dangerous dog on a rental property was a threat and did nothing.
The South Carolina case Clea v. Odom shows how this works. A landlord let a tenant keep a dog in a common area for years, knew it had already attacked a child, and failed to remove it before it bit a toddler. The court found that the landlord could be held liable.
Steps You Can Take To Protect Yourself
Good habits go a long way toward shielding you from a tenant’s dog bite injury claim. Strong lease terms and quick action are recommended defenses.
Your prior knowledge of aggressive behavior is often a deciding factor in these cases, so it’s important to take any previous mishaps into consideration. Acting fast once you learn of a danger can keep a premises liability claim from ever reaching a courtroom.
Here are practical ways to lower your risk:
- Screen pets carefully: Ask about breed, size, and any history of aggression before approving an animal.
- Use clear lease language: Include clauses that let you require the removal of a vicious dog or evict a tenant who keeps one. For example, the lease may dictate that an animal be removed after one attack or aggressive action in a common area.
- Respond to complaints quickly: Document every report and take action when you learn of a threat.
- Keep common areas safe: Repair broken fences and gates so animals cannot roam freely.
When you ignore warning signs, courts may view your inaction as negligent property management. That label can expose you to legal and financial liability.
Protect Your Property With Matejka Law
Can a landlord be sued if a tenant’s dog bites someone? Knowing the answer gives you the power to act before trouble starts. At Matejka Law, we help property owners understand their duties and strengthen their legal protections.
Our team can review your lease, your policies, and your risk. You can pair that review with a safety checklist to stay one step ahead. We guide landlords across South Carolina through the gray areas of property and tenant law every day.
If you are worried about whether a landlord can be liable for a tenant’s dog bite injury, call Matejka Law at (864) 527-6800 to protect your rental property in Greenville, SC.
