Q: Is it a valid Premise Liability case in Florida if a alleged dog claim attack did not occur on the rented premises?
Pending lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks. There was no dog attack and no injury to 3rd party alleged in ident off premises. There was no injury and claims full of lies and no evidence. Landlord already dismissed from this case. Now as 2nd party to this lawsuit and dog owner would they not have to dismiss the whole case to dismiss the landlord in a 2nd party case lawsuit? And if deemed not a premise liability case since the alleged incident did not happen on rented premise and is a 3rd party alleged incident off premises would that not be invalid for rules of suit with premise liability to throw the case out for that alone where they would need to file a new personal injury case? Plaintiff was not on rented premises nor returning from premise and was not an invitee and was on his on door step across the street from said premises.
A: The reason the landlord was dismissed is because landlord is not responsible for any injuries that occur off the premises. However, dog owners are strictly liable for any injuries their Dog inflicts whether the incident occurs on or off the premises.
Charles M. Baron agrees with this answer
A: You state that this is a "lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks." If there happens to be evidence to support that claim (including the alleged injury), it may be a valid claim regardless of whether a co-defendant is dismissed out, and regardless of the location of the dog's home and of the alleged victim. If there is zero evidence to support the claim, as you say, there are legal procedures and strategies for dealing with that and eventually prevailing at one stage or another, and in some situations, having the other party sanctioned for bringing a frivolous claim. Bear in mind, though, that testimony under oath is evidence, and word-against-word testimony in some situations is enough to have the claim reach the trial stage.
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