Question
Maintenance came in my daughter's house unannounced, she was not home, and her small dog was out and bit him. He called animal control, and they took her dog. Is this legal?
Missouri, USA
Answer
Maintenance personnel do not generally have the right to enter a tenant’s home without the tenant’s consent except in an emergency, such as when there is a leak that is affecting other tenants or areas of the building. A lease may contain more specific provisions and should be reviewed.
It is not unusual for animal control to seize a dog who has bitten a person, particularly when the dog’s “parent” is not at the scene. Under these circumstances, dogs are generally required to be quarantined for 10 days for observation to check for signs of rabies. Sometimes the observation can be done at home, subject to the approval. of animal control or other authorized governmental entity, but that is more likely if the dog is up-to-date on his/her rabies vaccinations.
Missouri’s dog bite law states, in part: “The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner’s or possessor’s knowledge of such viciousness… If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage that the damaged party’s fault contributed to the incident.”
A homeowner’s or renter’s insurance policy may provide coverage in the event of a claim or lawsuit so if your daughter has a policy, it should be reviewed. A landlord/tenant or real estate attorney may also be helpful to advise on the rights of maintenance personnel to enter premises under the circumstances that were present at the time of entry into your daughter’s home.
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