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Fouts v. Mason4/28/1999
714 A.2d 881 (Md. 1998).
In Shields, the plaintiff was attacked by a dog while the plaintiff was in the parking area of a strip mall. The landlord argued that, although he retained control of the parking area, he was not liable because he did not have control of the dog. Rejecting this argument, the court pointed out that its common-area cases did not require the landlord to have specific control over the instrumentality that caused the injury . Id. at 888. Rather, such cases required only that the landlord knew or had reason to know that there was the threat of injury from the instrumentality in the common areas over which the landlord retained control. Id.
The court in Shields cited as an example the familiar slip-and-fall case where the injury results from an accumulation of ice and snow on a common area. Id. The landlord does not have control over the instrumentality-the ice and snow-causing the fall and resulting injuries. The landlord, however, does have control over the common area where the injury occurs. When the landlord knows or has reason to know of the existing dangerous condition, the landlord-to avoid liability-must act to protect those using the common area. Id.; see Bostian v. Jewell, 254 Iowa 1289, 1295-96, 121 N.W.2d 141, 144-45 (1963) (holding in a case involving an injury resulting from a slip and fall on ice in a common area, landlord has duty to use reasonable care to keep the premises reasonably safe; Restatement of Torts section 360 (1934) cited with approval).
Similarly, here, although she may not have had control over the dog, Barker knew or had reason to know that the dog posed a danger to those in the common backyard. She therefore had a duty to take reasonable precautions to protect those lawfully in the common area. The district court erred in reaching a contrary Conclusion.
We reverse and remand for further proceedings on the premises liability theory consistent with this opinion.
REVERSED AND REMANDED WITH DIRECTIONS.
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