Is the Landlord Liable for a Tenant's Dog Bite in Delaware?

By the FigureMyTax Editorial Team · How we calculate

Delaware's statute reaches "owners" broadly — a 2023 case confirmed it even covers animal shelters — but a landlord who simply owns the rental property still generally isn't an "owner" of the tenant's dog.

The strict liability statute is owner-specific

16 Del. C. §3053F places liability on the dog's owner. A landlord who doesn't own the dog — the tenant does — typically falls outside this framework, even though the same statute has been read broadly in other contexts, like covering animal welfare organizations with custody of a dog.

Negligence remains a real path

This doesn't mean a landlord is automatically off the hook. A victim could still pursue an ordinary negligence claim against a landlord who knew the tenant's dog was dangerous and had the practical ability to address it — for example, by enforcing a lease provision or requiring the dog's removal — but failed to act.

Knowing a dog exists isn't the same as knowing it's dangerous

A landlord's pet-friendly policy, by itself, generally isn't enough to establish liability. The key fact a negligence claim needs is that the landlord knew this specific dog had dangerous propensities — not merely that tenants were permitted to have dogs under the lease.

Comparative fault still applies

If a victim's own conduct contributed to the incident in any way, Delaware's modified comparative negligence rule applies to a landlord liability claim exactly as it would to a claim against the dog's owner — recovery is barred only once the victim's fault exceeds 50%.

This is general information, not legal advice. Landlord liability for a tenant's dog turns heavily on the specific facts and what the landlord actually knew. Confirm how this applies to your situation with a licensed Delaware attorney.