Archive for September, 2012

State Supreme Court Rules AGAINST Landlords!

Kentucky Leads The Nation Again!

Right here in Louisville, Kentucky, my hometown, a lawsuit against a landlord has made it all the way to our State Supreme Court resulting in another new case law against landlords. This ruling has spread like wildfire all over the U.S.A.

Here is the short version.

Tenant has a Rottweiler dog in a fenced rear yard. Dog gets out of the yard, runs across the street and attacks a little girl, tearing most of her face off.

Obviously, the girl’s family is tore all to pieces and sues both the tenant and the landlord.

The case ends up in our State Supreme Court and they ruled on this case just a few weeks ago.

In summary, the Kentucky Supreme Court, in their explanation of their ruling, sided with the girl’s family giving major consideration of who has the deep pockets. The court acknowledged most tenants do not have piles of cash and remarked the only opportunity for recourse for the little girl’s family would be the landlord.

As a result of their ruling a new “case law” was created making the landlord the true owner of any animal on the rental property, with or without the landlord’s permission. Don’t shoot me, I am the messenger.

FYI, because the dog escaped the fenced rear yard, the State Supreme Court ruled the landlord was not responsible for the animal when it is not on the rented property and ruled in favor of the landlord on this case because the dog was not on the property.

My concern is your insurance companies across America will jump on this bandwagon just like environmental hazards.

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