Neighborhood Resource Center

Who Let the Dogs Out?

A recurring issue in my practice representing property owners' associations is dogs that get out and related liability concerns. Does an association have a duty to protect people from animals? It might. Knowing when the duty exists is the first step toward fulfilling it when required. If you don't know what your duty is you cannot hope to make the right decision at the right time.

The dog is never owned by the association in the cases I have seen. So why should the association be liable if the dog attacks someone, since it is not the owner? The answer is based on the association's ownership of land, not the animal. As discussed in my article labeled "Common Area Pitfalls", published in a prior issue of Common Terra, the duty differs depending on the type of permission the land entrant has. If the Board or management of an association is aware that an animal is getting out and is likely to attack people, then the association is potentially liable to any person the dog attacks on common area. The ultimate decision on liability would be made by a judge or jury, who would have to decide whether the association failed to take action that a reasonably prudent person would.

So, you have a dog loose in your neighborhood. What should you do? Send the property manager to tackle it and bring it in? Going that far is probably not required (and opens up other liability concerns, not to mention manager retention difficulty). Calling the owner would be good. Shooting the dog, while tempting, is neither advised nor legal. Reporting it to the appropriate animal control office is recommended. Employing legal counsel to file suit to get a court order requiring the dog be confined might be warranted under extreme circumstances.

If you understand that your association might be at risk for animal attacks on common area you better understand when you need to worry about animals roaming freely.

By Tom L. Newton, Jr