Kimbrough v. Keenum
68 So. 3d 738
Miss. Ct. App.2011Background
- Kimbroughs attacked by pit bulls on their own property; dogs resided in rental across the street; Keenum as trustee managed the rental property and Younts leased it; dogs owned by Weaver who lived with Younts; trial court granted summary judgment for landlords holding no duty regarding off-premises attacks; case concerns whether landlords owe a duty of reasonable care for injuries on third-party property outside ownership/control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether landlords owe duty for dog-bite injuries off the leased premises. | Kimbroughs argue landlords had control/knowledge and thus duty. | Landlords owe no duty for injuries on property not owned/controlled by them. | No duty for injuries off the landlords’ property. |
Key Cases Cited
- Mongeon v. A & V Enterprises, Inc., 733 So.2d 170 (Miss. 1997) (duty to protect against vicious dogs on common-use landlord property)
- Poy v. Grayson, 273 So.2d 491 (Miss. 1973) (establishes general duty standards for landlords/tenants)
- Enter. Leasing Co. S. Cent., Inc. v. Bardin, 8 So.3d 866 (Miss. 2009) (duty as a question of law; need evidence of breach to survive summary judgment)
- Brown ex rel. Ford v. J.J. Ferguson Sand & Gravel Co., 858 So.2d 129 (Miss. 2003) (duty to conform to standard for protection of others)
- Stokes v. Lyddy, 75 Conn.App. 252, 815 A.2d 263 (Conn. 2003) (leading view that landlords are not responsible for off-premises dog attacks)