Is the Homeowners Association Liable For Dog Bites?
Does our homeowners’ association have any liability if one of the owner’s dog bites a small child outside of the pool area?
Irwin Miami, Florida
Irwin, the Board of Directors of your association has a fiduciary duty to manage and operate the common areas of the neighborhood, including the pool and surrounding area.
A part of that duty is to make sure that all common areas are safe and also to warn of any known dangerous conditions.
If they permit, dangerous dogs to roam in the common areas that are owned and controlled by the association, there indeed may be liability for damages when an injury is sustained.
In your example, the injury is the dog bite.
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