Smith v. Isaacs
In Smith v. Isaacs, No. Civ.A. 97 C09028, 1999 WL 1240833 (Del. Super. Sept. 21, 1999), the owner of the property allowed the dog and its owner to reside at her home.
The property owner did not take care of the dog; however, she allowed the dog to sleep in the enclosed porch of her home.
The court was asked to determine if the property owner was a "custodian" or "owner" of the dog for purposes of liability.
The court concluded the property owner was not in sufficient control of the animal to consider her a "custodian."