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Case Citations [1] (Fall 2024)

handle is hein.ali/resdplltnt0044 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations PROPERTY 2D LANDLORD AND TENANT PART VI. TORT LIABILITY OF LANDLORD CHAPTER 18. LIABILITY FOR PHYSICAL HARM TO PERSONS OUTSIDE THE LEASED PROPERTY § 18.4 Activities After Landlord Transfers Possession Okl.App.2022. Quot. in sup. After tenant's dog attacked and bit pedestrian and her dog while they were walking on the road in front of tenant's rental property, pedestrian sued landlords, alleging that they failed to properly house the dog. The trial court granted defendants' motion for summary judgment, finding that defendants did not owe plaintiff a duty of care because they were unaware of the dog's existence. This court reversed in part and remanded, holding that there was a fact issue as to whether defendants breached their duty to protect plaintiff from attacks by vicious dogs on the premises under Restatement Second of Torts § 379A. The court noted that § 379A was consistent with Restatement Second of Property: Landlord and Tenant Law § 18.4, which subjected landlords to liability for physical harms to persons outside the premises caused by tenant activities if the landlords, at the time of the lease, knew about the activity and had reason to know it would involve an unreasonable risk. Wishon v. Hammon, 538 P.3d 1197, 1206. COPYRIGHT (02024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.