Martinez v. Schiffman

District Court of Appeal of Florida

Martinez v. Schiffman

402 So. 2d 605, 1981 Fla. App. LEXIS 21018

CourtDistrict Court of Appeal of Florida

DecidedSeptember 1, 1981

DocketNo. 80-1682

StatusPublished

Cited by1 cases

This text of 402 So. 2d 605 (Martinez v. Schiffman) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Martinez v. Schiffman, 402 So. 2d 605, 1981 Fla. App. LEXIS 21018 (Fla. Ct. App. 1981).

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Opinion

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.

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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.

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402 So. 2d 605, 1981 Fla. App. LEXIS 21018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-schiffman-fladistctapp-1981.

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