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· 4/24/2003

Batra v. Clark

Citations

  • 110 S.W.3d 126
  • 2003 Tex. App. LEXIS 3587
  • 2003 WL 1937212

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that for a duty to third parties to arise, an out- of-possession landlord must have (1) the ability to control the premises, and (2) actual knowledge of an animal’s dangerous propensities and presence on the leased premises
  • actual knowledge of dog’s presence on property did not establish out-of-possession landlord had “actual knowledge of the dog’s vicious propensities”
  • out-of-possession landlord must “actually kn[o]w that the particular dog that attacked [third party] had vicious propensities” (emphasis added)
  • “[I]f a landlord has actual knowledge of an animal’s dangerous propensities and presence on the leased property, and has the ability to control the premises, he owes a duty of ordinary care to third parties who are injured by this animal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tim Taft

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.