Batra v. Clark
Texas Court of Appeals
110 S.W.3d 126 (2003)
Batra (defendant) owned a rental property leased to Torres, who kept her son's pit bull there despite a no-pets clause. When Batra visited to fix the roof, he saw the dog chained up and barking, but never learned it was dangerous. Later, Torres's daughter told nine-year-old Ewell to agitate the unchained dog behind a fence, and the dog broke through and repeatedly bit her. Clark (plaintiff) sued Batra and Torres on Ewell's behalf; Batra moved for a directed verdict, arguing he owed Ewell no duty, but the trial court denied the motion, and the jury split fault evenly between Batra and Torres. Batra appealed.
Whether an out-of-possession landlord owes a duty of ordinary care to third parties injured by an animal on the property only if the landlord has actual knowledge of the animal's vicious propensities.