Legislative Update

One of the two most recent decisions affecting property owners is on personal injury or death caused by a dog.

Personal Injury or Death Caused by a Dog. Effective April 8, 2014, Bill HB 73 actually reversed the Court of Appeals decision on pit bulls so that the landlords do not have “strict liability” for dog bites caused by their tenants. Instead, landlords now have the same legal liability (negligence) that they had before the Court of Appeals decision. Owners of dogs, however, are presumed liable unless they can show that the victim triggered the dog’s attack. Unlike the court opinion which targeted pit bulls, this bill applies to all breeds.

Since the fall of 2012, there has been much debate and attempted compromise to alleviate discrimination against a single breed or breed type.

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