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Here are the facts: You and your young daughter decide to visit a friend and his wife at their home, which they are renting from their dad. While there, your friend's dog attacks your little girl, biting her on the face and causing severe wounds. Later you come to learn that the tenant also worked for his father's construction company and frequently brought the dog to work. You also learn that ultimately the dog is banned from the construction yard because of his fights with other dogs. You decide to sue and name the owners of the dog, but they don't have any insurance. So you also name dad, the landlord of the property, claiming he knew the dog was aggressive and didn't warn you, leading to your daughter's injuries. Think you can make a case against dad? [Remember, son doesn't have any insurance].

ANSWER:NO.

The Second Appellate District of Illinois faced those facts recently in Klitzka v. Hellios. The trial court had granted dad's summary judgment motion ruling that since he didn't control the premises, he had no duty to the visitors. The plaintiff appealed. The Appellate Court first noted that traditionally, the law in Illinois is that a landlord has no liability for dangerous conditions on the tenant's property and under the tenant's control. There are of course exceptions, but the plaintiff apparently conceded the exceptions didn't apply. Instead the plaintiff tried to hang her hat on a single case where a tenant was injured after being startled when a mouse jumped out of her oven. In that case the Appellate Court held the landlord did owe a duty because he was responsible for creating conditions that led to an infestation of mice. In the Klitzka case, the Appellate Court noted the tenant's act in bringing the dog onto the property was the cause of the injury - not anything the landlord did. So in short, you wouldn't have a case against the dad - they guy with the money. You are stuck trying to collect against son, who may be judgement proof. In the real world, the case is over.