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SUMMARY JUDGMENT FOR DEFENDANT Dog bite – Action against commercial landlord for tenant’s dog – Bite wounds to four-year-old boy

Broward County, FL

The defendant, in this dog bite action, was the commercial landlord of a property where a four-year-old boy was bitten by a dog. The plaintiff claimed that the defendant was strictly liable and negligent for allowing the dog on the premises. The defendant maintained that it was contractually indemnified by the tenant dog owners for the animal’s actions.

The action involved a four-year-old boy who allegedly taunted a neighbor’s dog which jumped through a screened enclosure. The dog bit the boy on the leg, and his mother brought suit against the defendant landlord.

The plaintiff claimed that the defendant was negligent in permitting the dog on the property, as well as for strict liability, even though the landlord was not the dog owner.

The defense argued that the dog owner, and his roommate, had previously executed an agreement with the defendant, which provided for indemnification and defense for any claims arising from the dog’s behavior.The defendant landlord successfully moved for summary judgment, and the court ordered the dog owner, and his roommate, to indemnify, defend, and hold harmless the defendant. The court further ordered the defendant be released from any obligation to compensate the plaintiff, granting the defendant’s motion for attorney’s fees and costs.

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