PALERMO v. NAILS


334 Pa.Super. 544 (1984)

483 A.2d 871

James J. PALERMO, Jr., a Minor By James J. PALERMO, His Natural Guardian, and James J. Palermo and Mary J. Palermo, Individually v. Raymond NAILS and Paul F. Castrogiovanni, Administrator of the Estate of Mary D. Castrogiovanni, Deceased. Appeal of Paul F. CASTROGIOVANNI Administrator of the Estate of Mary D. Castrogiovanni, Deceased.

Supreme Court of Pennsylvania.

Filed October 26, 1984.


Attorney(s) appearing for the Case

James M. Scanlon, Scranton, for appellant.

Lawrence A. Durkin, Scranton, for appellees.

Before CIRILLO, BECK and CERCONE, JJ.


CIRILLO, Judge:

This appeal presents for the first time in Pennsylvania, the question of whether a landlord out of possession owes a duty of care to his tenant's invitees to prevent injury from a vicious animal kept by the tenant on the leased premises. Public policy requires a landlord to exercise an ordinary duty of care towards his tenant's invitees when the landlord has actual knowledge of the dangerous animal's vicious propensities and where the landlord maintains...

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