But It’s a Vicious Bunny…
April 16th, 2012By Colin McCarthy, J.D., Robinson & Wood, San Jose, CA
As everyone knows, Monty Python and the Holy Grail is the greatest movie ever made. Especially for the scene involving the Killer Rabbit of Caerbannog. In it, several of the Knights of the Round Table are cut down in a blood bath by a particularly vicious, cute, cuddly white bunny rabbit. Why? They were not aware of its dangerous propensities! Their Scottish guide tried to warn them
before the unlucky Knights marched into certain death. He tried, but they wouldn’t listen.*
We have already discussed the issue of control as being the hook on which a landlord will/can be liable for injuries related to property. If the landlord has control over the property in question, and could have taken steps to prevent an injury because of that control, they will not be able to avoid responsibility for injuries related to dangerous conditions on that property they control. Which leads to the obvious question: What about dogs?
Well, I mean animals. Cats, Parakeets, Vicious bunnies, etc. What’s a landlord to do about these animals? Well, again, it’s all very clear. It depends on how dangerous the particular animal is, what the landlord knows, and where the animal is.
If the animal is not on property the landlord controls, there is no duty. This is in accord with our earlier control discussion. However, if the animal is a permanent guest of the landlord’s tenant, the issue is two-fold:
1. The animal’s dangerous propensity.
2. The landlord’s knowledge of the same.
Regarding the first, the question focuses on the animal’s tendencies. Is it a vicious animal, i.e. does it have known behaviors that are likely or have a tendency to cause harm? For example, dogs that bite are construed as vicious. Even dogs which are unusually large and happy, that create a fall hazard, can be construed as being dangerous.
This was the issue in a case that I litigated a long time ago. The whole issue was whether a large dog had a known propensity to greet visitors in a particular fashion which subjected the visitors to a fall risk. The plaintiff was so greeted and injured herself. The issue was prior knowledge of the propensity and whether it was dangerous. The dog owner was the defendant, but the landlord might have been liable, IF . . .
The landlord had knowledge of the tenant’s animal’s dangerous propensities. If they had no knowledge of the animals, the landlord is not likely liable. If they did know, then they may be found liable for – wait for it – not removing the animal by evicting its owner. It is the failure to use reasonable care in this regard, if it leads to injury to a third party, which attaches liability.
The Scottish guide, in the Holy Grail, who had knowledge of the bunny’s dangerous propensities, did what the law might require of a landlord in California. He warned of the animals dangerous propensities. Had the guide owned or controlled the property on which the dangerous bunny was present, he could’ve and maybe should’ve evicted that owner, and thus protected any visitors to the premises from its vicious attacks!
* After several knights were felled by the vicious bunny, the rest of the knights and King Arthur had to resort to the old reliable: Holy Hand Grenade of Antioch.
This blog submission is only for purposes of disseminating information. It does not constitute legal advice. The statements in this blog submission do not necessarily reflect the opinions of Robinson & Wood, Inc. or its clients. No attorney-client relationship is formed by virtue of reading this blog entry or submitting a comment thereto. If you need legal advice, please hire a licensed attorney in your state.
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