Florida Dog Owner Claims Dog is Dead After Several Dog Bite Attacks

Every once in a while our Fort Lauderdale personal injury attorneys hear of peculiar news involving personal injuries in Florida. In early February the Orlando Sentinel published a story in reference to a dead dog biting a 7-year-old Casselberry boy. Evidently the dog owner has claimed that his dog had died sometime last summer after animal control officers showed up at his door in an attempt to pick up the dog. Prior to this event, the owner and the Seminole County Animal Control agency had gotten into a dispute which resulted in the animal control board voting to have its officers subject the dog to euthanasia.

The board’s decision came after the dog allegedly bit a 5-year-old girl in which a Florida personal injury lawsuit was filed against the owner. The girl was a granddaughter of a neighbor and suffered severe facial lacerations which would require 25 stitches to close the wounds.  The owner settled the lawsuit with the plaintiffs for $25,000. However, besides these two incidents a more recent report surfaced claiming that the dog was alive and had bitten another person. But, the owner still claims that the dog died last August. Now, Seminole County has requested that the court issue an order to the owner for the dog’s surrender, and if he fails to comply he could face possible jail punishment.

In Florida, dog owners can be held strictly liable when their dog causes a Florida personal injury to another person. Under this legal theory, it is irrelevant if the owner knew or did not know of the dog’s propensity to bite or its viciousness. Although some owners will attempt to argue that a child was trespasser upon their land, but under Florida law, it is a generally recognize  that owners can be held liable by failing to exercising reasonable care to remove dangerous conditions on their property or failing to protect a child.

Dog bites are a common cause of severe injuries to children, including death. In 2011, there were 13 children in the United States that died as a result of a dog attack. The treatment costs of serious dog bites can exceed thousands of dollars because stitches or sutures are often required to close deep wounds. However, these costs could be recovered if a personal injury lawsuit is filed against the owner of a dog. Our Fort Lauderdale personal injury attorneys help parents and their children to recover damages and can file a lawsuit on their behalf. If parents are expected to be responsible for their children, so should owners of pets be held liable when their dog has caused harm, and it is our belief that a child’s life is more valuable than a household pet?

If your child has been recently bitten by a dog, your first response should be to seek medical treatment immediately. Not every dog owner is responsible person who keeps their dog up to date with its vaccinations and it is possible that the dog carries communicable diseases which can be transmitted to humans. Also, you should consult with our Fort Lauderdale dog bite lawyers who can advise you of your legal rights or if you have a potential lawsuit to sue the owner for damages.

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Woman and Child Suffer Personal Injuries in Dog Attack

On Thursday, January 5, 2012, a woman and her nine-year-old daughter suffered personal injuries in a dog attack in Lauderhill. According to the Sun Sentinel, a woman, her daughter, and two-month-old infant were walking along the 1100 block of Northwest 41st Terrace, when they were attacked by a dog. All three were taken to the Plantation General Hospital, but only the woman and her nine-year-old daughter were treated for injuries. The owner of the dog was cited for failing to keep the dog on a leash.

Moreover, based upon the CDC statistics, there were 4.5 million dog bite victims per year in the United States during 2001 - 2003. Further, the CDC reports that one in five dog bites results in injuries which require medical attention, and children who range in ages 5 to 9 are more likely than adults to have to obtain medical treatment due to a dog bite. Additionally, the CDC recommends the following to prevent a dog bite:

Spend time with a dog before buying or adopting it.
Be sensitive to cues that a child is fearful or apprehensive about a dog.
Do not play aggressive games with a dog.
Properly socialize and train any dog entering your home.
Teach dog’s submissive behavior.
Immediately seek professional advice if the dog becomes aggressive or demonstrates undesirable behaviors.
Teach children to not to approach an unfamiliar dog.
Teach children to not run from a dog or scream.
Teach children to not play with dogs without being supervised by an adult.

There are many Fort Lauderdale dog bite preventable measures the CDC recommends in order to prevent being attacked by a dog. However, if you have been bitten by a dog, you should seek immediate medical attention. Also, currently in Florida, there is a dog bite statue that imposes strict liability upon the dog owner when their dog causes another person injury.

If you are unsure whether or not the injury you received as a result of a dog bite is a basis for a lawsuit, you should contact a Fort Lauderdale dog bite attorney. Although the state imposes a strict liability upon the owner, there may be some exceptions to this general rule. For example, the courts could determine that your act was a significant factor in causing the accident to occur. If the court determines that you are partially liable, the amount of damages, if awarded, could be reduced.

However, a Fort Lauderdale dog injury attorney will help you with defending any type of comparative fault or negligence issues which may arise. Florida law recognizes that dog owners are responsible for their dogs and the injuries they inflict upon a person. When a person sustains personal injuries as a result, the law entitles them to compensation for the damages they incur. Dog bites are serious injuries, and can be the cause of death in some circumstances. Therefore, if you or your child has been attacked, you should not delay medical treatment, whether or not you think the injury is minor. Also, to learn more about your legal options contact an attorney today to discuss your case.

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Deerfield Pit Bull Attack, Second Victim This Month

The Sun-Sentinel reported last week on a Deerfield dog attack that left an eight-year old boy hospitalized.  The young victim, Nicholas Garvey was apparently riding his bike near his house in Deerfield Beach last weekend when has was attacked by a pit bull loose in the neighborhood.  The frightened child ran to his playmate’s home, where the animal was finally beaten off by an adult.  Nicholas was taken to a nearby hospital where he was treated for a broken arm, deep cuts to his face, and limb wombs.  His facial wounds required thirty stitches. 

This latest incident was actually the second Deerfield dog attack within the month. In early October a thirteen year old girl, Tayla Johnson, was also attack by a dog in the neighborhood.  While it remains unclear, witnesses explained that they thought the attacking dog was also a pit bull.  Fortunately, a neighbor was nearby when that attack occurred.  The bystander was able to get the aggressive animal off the girl, but the dog was killed in the process.

The string of animal attacks has led to renewed debate in the area about the most effective way to prevent these incidents.  Miami-Dade County actually has a local ordinance in place banning American pit bull terriers, Staffordshire bull terriers, and a few similar breeds.  Florida law currently does not allow breed bans, but the Miami-Dade ordinance was in place before the statewide prohibition of those local ordinances took effect. Some community members believe that these latest attacks indicate a need to have even stricter laws prohibiting breeds, while others believe that breed itself is not at fault.  Instead, most understand that responsible dog ownership is essential to prevent all dog attacks, regardless of the type of dog involved.

Florida dog bite law requires dog owners take significant responsibility for the conduct of their animals.  The state’s dog bite statute places “strict liability” on owners for the consequences of their animal’s actions. This generally means that an owner may be required to pay for the damages caused by their dog, even if the owner did not known of the animals viciousness or if the dog had no history at all of attacking others.  However, if the specific person hurt was negligent or trespassing, then the owner may have no liability or the liability may be decreased.  The rules are slightly different if children under the age of six are involved. At times, a parent’s failure to supervise a child leading to an attack may be a factor in any legal case related to the attack.  In addition, there are different legal considerations depending on where the attack occurred.  Landlords may be liable for attacks that occurred on their premises, even if the dog is owned by a tenant.  However, that liability often depends on whether the victim was invited onto the premises and was hurt in a location where he or she was allowed to be.

Various other details about each specific incident may affect the ultimate legal resolution.  The complexity of these matters makes it important for those involved to contact a Florida dog bite attorney to learn about their own rights and responsibilities.  

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