Fine Law Firm
Fine Law Firm
  • Home
  • About the Firm
    • Firm Overview
    • Meet Our Attorneys
    • Common Questions & Answers
    • Blog
    • Videos
  • Practice Areas
    • Vehicle Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Workplace Accidents
    • Truck Accidents
    • Wrongful Death
    • View All+
  • Locations
    • Alamogordo
    • Carlsbad
    • Clovis
    • Farmington
    • Gallup
    • Hobbs
    • Las Cruces
    • Rio Rancho
    • Roswell
    • Santa Fe
  • Results
    • Case Results
    • Testimonials
  • Compare Our Fees
  • Contact Us
24/7 AvailabilityFree Consultation Hablamos Español
Contact Us Hablamos español (505) 889-3463

At Fine Law Firm,
Your Case is Personal

Free Consultation

Can a Landlord Be Held Liable for a Dog Bite?

Free Consultation
October 4, 2021 | Posted in Dog Bite

A dog bite injury can cause serious physical and emotional damage to a victim. When a dog attacks, the victim can suffer painful and even permanent injuries. It is important to understand New Mexico’s laws surrounding dog bite injuries to protect your legal rights as a victim. You may be able to hold the pet owner – or in some cases, a landlord – financially responsible for the attack. A dog bite injury attorney in Albuquerque can help you with a legal claim.

New Mexico’s Dog Bite Law

New Mexico is unique in that it does not have a dog bite injury law. Instead, it has a “uniform jury instruction” that directs jurors to rule on dog bite injury lawsuits according to the legal theory of negligence. This is referred to in other states as a one-bite rule. Using the theory of negligence in a dog bite case requires evidence that the owner of the dog knew or reasonably should have known that the dog had a propensity for viciousness.

For example, if the dog had bitten someone in the past, the pet owner would know about the dog’s vicious aggressive tendencies. Then, there must be evidence that the owner of the dog did not take reasonable steps to prevent a foreseeable attack, such as using a leash or fence. Only then will a pet owner be held liable for the attack. There are some exceptions to the jury instructions, however, that can make a dog owner strictly liable for an attack without proof of negligence.

What Are a Landlord’s Responsibilities?

Depending on the circumstances, a landlord could be held liable for a dog bite injury in New Mexico. Landlords owe certain responsibilities to tenants and guests on rented or leased properties. They must keep them reasonably safe through efforts such as screening new tenants and enforcing pet restrictions, such as using a list of prohibited breeds or only allowing small dogs in rental units.

Although it is less common than holding a dog owner liable, the courts in New Mexico may find a landlord legally responsible for injuries caused by a tenant’s dog if the following are more likely to be true than not true:

  • The landlord was legally responsible for the control and maintenance of the property.
  • The landlord knew or should have known that the dog was vicious or could be dangerous.
  • The landlord failed to have the dog removed from the property.

A premises liability case against a landlord in Albuquerque will require clear and convincing evidence that the landlord owed the victim a duty of care, such as the legal obligation to keep tenants and property visitors reasonably free from harm. Then, it will require proof that the landlord breached his or her duty of care (e.g., by allowing a dangerous dog to remain on the property) and that this caused the victim to be injured.

What to Do if You Get Bitten by a Dog on Rented Property

If you were bitten by a dog on a rented property in Albuquerque, you may need a personal injury attorney to help you collect evidence against the landlord. First, gather information about the attack, such as the exact date, time and location. Write down a description of the dog and the name and contact information of the pet owner. Take photographs of your injuries and the scene of the attack. If anyone witnessed the attack, get their information, as well.

Next, go to a hospital in Albuquerque for immediate medical attention. Dog bite injuries often require professional medical care to prevent infections and other complications. Going to a hospital also shows an insurance company the extent of your injuries during a claim later. Report the dog attack to your local Animal Control Center. Finally, contact a personal injury attorney for assistance with the claims process.

An attorney can help you identify the defendant(s), file an insurance claim and negotiate for maximum financial compensation. If you have grounds to hold a landlord in Albuquerque responsible for a dog bite injury, an attorney can help you gather evidence and explain your rights as an injured tenant or property guest.

Request FREE
Consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.

Recent Posts

  • Fine Law Firm Requests Investigation Into Gustavo Gomez’s IAFD Tenure
  • Albuquerque’s Toxic Police Subculture
  • Filing an Amazon Accident Claim
  • Evidence You Need for Your E-Scooter Accident Claim
  • Do You Need Insurance Coverage to Ride an E-Scooter in New Mexico?

Categories

  • Aggressive Driving
  • Auto Accidents
  • Bicycle Accidents
  • Bike & Pedestrian Accidents
  • Brain Injury
  • Burn Injury
  • Bus Accidents
  • Car Accidents
  • Catastrophic Injury
  • Construction Accidents
  • Dog Bite
  • Drunk Driving
  • E-Scooter Accidents
  • Firm News
  • Government Liability
  • Insurance Companies
  • Legal Research
  • Legal Terminology
  • Medical Malpractice
  • Motorcycle Accidents
  • New Mexico Laws
  • Nursing Home Abuse
  • Oddities
  • Pedestrian Accidents
  • Personal Injury
  • Personal Injury FAQs
  • Personal Injury News
  • Personal Injury Verdicts
  • Police Brutality
  • Premises Liability
  • Product Liability
  • Relevant Personal Injury Case Law
  • Rideshare Accident
  • Slip & Fall
  • Spinal Injuries
  • Sporting Injuries
  • Traumatic Brain Injury
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorist
  • Work Place Injury
  • Wrongful Death

Archives

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
Risk-free guarantee

Contact us for your free consultation

Risk-free guarantee

Contact us for your free consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.
This field is for validation purposes and should be left unchanged.

Faqs
In selecting injury attorneys, the client should consider the following questions:

Do the attorneys have a history of winning cases like mine?

Do I trust the attorneys to act in my best interest rather than their own?

How do the attorneys’ fees compare with others?

View more faq’s
Fine Law Firm
Hablamos Español
Contact Us Hablamos español (505) 889-3463
Fax (505) 242-2716
Our Office Locations
Our Albuquerque Office
220 9th St NW
Albuquerque,
NM 87102
Get Directions

Copyright © 2025 by Fine Law Firm

  • Disclaimer
  • Privacy Policy