North Florida Injury Lawyer Blog

In Florida, there are dogs present in every community. Whether in a big city or small-town, Florida residents and visitors enjoy the ownership and companionship of the dog. Due to the number of dogs owned and present in the State of Florida, one would think that insurance for liability purposes would be required when a homeowner has possession and control of the dog. There is no Florida law in place that requires liability insurance by homeowners who own dogs. If a person owns a home and has always insurance, there may or may not be liability insurance regarding a dog bite injury. Some homeowners insurance policies cover injuries and expenses related to a dog bite related injuries. Some homeowners insurance policies do not include such coverage. Other homeowners insurance policies specifically exclude coverage for a dog bite related injuries and damages. Homeowners insurance policies come in different forms and amounts. Coverage varies from home to home and from community to community. Because of this, it is important for a dog bite injury victim to obtain and review a homeowners policy to determine if there is a insurance coverage for the damages and bills related to the dog bite injury.

A Florida personal injury lawyer can assist a dog bite victim with the review of the policy and provide legal representation for the damages caused by the Florida dog bite / attack. Under Florida law, a dog owner is liable for injuries caused by a dog bite. This is covered under Florida Statutes Chapter 767. Beyond the liability statute, the are practical challenges to pursuing a dog bite injury case in the State of Florida. When a child is injured by a dog bite incident in Florida, it is often helpful to read the statutes and other materials on this topic. The book title - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Homeowners Insurance, Damages / Compensation, and other topics. The information in this book regarding dog bite injuries applies equally to children and adults. You can receive this book for free at - The ABCs of Child Injury.

Another resource available for victims of dog bites and their families is the Wood, Atter & Wolf, P.A. Website. Wood, Atter & Wolf, P.A. has been representing dog bite victims in the State of Florida since 1957. Knowing the importance of these cases and the severity of injuries that often occur, Wood, Atter & Wolf, P.A. has information on the website for most Florida counties at - Florida Dog Leash Laws - Frequently Asked Questions and Florida Dangerous Dog Laws - Frequently Asked Questions.

In St. Augustine, Florida, First Coast News reported that two people were recently bitten / attacked by a dog that was not restrained by a fence or leash. The dog bite incidents took place near St. Augustine High School. The incidents resulted in calls to the St. Johns County Sheriff's Office and the St. Johns County Fire Department as well as St. Johns County Animal Control. Dogs that are not restrained can be a danger to residents in the neighborhood, pedestrians, and bicyclists. It is important that all dog owners maintain control of their dogs and know where there dogs are at all times. Fences should be secured and other safety precautions should be maintained to otherwise control the dog. See Two People Bit by Dog in St. Augustine, Florida.

Dog leash laws vary from county to county. See Florida Dog Leash Laws - County by County. See also Florida Dangerous Dog Laws - County by County.

Florida has its own set of laws in place that deal with liability for dog bite related injuries and damages. The laws regarding dog bite injuries and damages vary from State to State. In addition, to dog bite laws, nuisance and dog leash laws vary from State to State as well. In Florida, nuisance and dog leash laws even vary from county to county. When dealing with a dog bite or dog nuisance matter, it is important to review the Florida Statutes on point as well as the local ordinances on point.

Chapter 767, Florida Statutes covers dog owner liability for damages caused by dogs. Pursuant to Section 767.01, Florida Statutes, "a dog owner’s liability for damages to persons, domestic animals, or livestock. (Furthermore), Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by s. 585.01.

An estimated five million people per year are injured by a dog bite or attack. According to a recently released list of dog bite claims filed with an insurance company this past year, Florida reported 146 dog bite injuries in 2010. In reality, the number of dog bites is much larger because this statistic only includes incidents reported to one insurer. Injuries resulting from a dog attack can range from minor bites to permanent disability or serious disfigurement.

In Putnam County, a man who was attacked by two pit bulls sadly died after being taken off life support. Roy McSweeney, 74-years old, suffered brain damage from severe blood loss as a result of the attack; the dogs severed one of his arms, partially removed the other and attacked his face. The dogs attacked McSweeney after breaking loose from his next-door neighbor’s yard, Deanna Blitch. She said she was watching the dogs for her ex-boyfriend Beau Scurrey but this was not the first time the dogs have attacked. According to the police, no charges have been filed.

According to the American Veterinary Medical Association (AVMA), the most common victims in dog bite related injuries are children. The highest rate of injury occurs between children ages 5 and 9. In addition, the family or neighborhood dog accounted for 80 percent of these injuries. The AVMA encouraged parents to educate their children about dog safety at an early age. For more information, see putnam county man mauled by pit bulls dies.

The Putnam County Sheriff's Office reported a terrible dog bite attack that resulted in horrific injuries to Roy McSweeny - a 74 year old man from Hawthorne Florida. It was reported that Mr. McSweeney had to have both of his arms amputated as a result of a recent dog attack. He also suffered facial injuries as a result of this Florida dog bite attack. It was reported that the dogs were handed over to the local animal control authorities and euthanized. McSweeney underwent surgery and follow up care at Shands Hospital - Gainesville, Florida. See Putnam 74-year-old attacked by dogs - arms amputated.

The dogs involved in this dog bite attack were owned by the victim's neighbor. Whether the dogs had attacked before or not is irrelevant under Florida law as to legal responsibility or liability for a dog bite attack. The injuries suffered by Mr. McSweeney were certainly severe and may have been prevented with better restraint, supervision and control of these dogs.

In Florida, there are dangerous dog laws in place for most counties. Furthermore, there are dog leash laws in place for most counties. You can read more about each count's laws as to dangerous dogs and dog leash laws at Florida - County by County - Dangerous Dog Laws and Florida - County by County - Dog Leash Laws.

Dog bites occur in all States and communities. Recent federal government data revealed that dog bites that require hospitalization has nearly doubled in the past 15 years. More specifically, about 4.5 million dog bite incidents occur annually. Of those incidences, 316,200 required trips to the emergency room and 9,500 required hospitalization (these are the latest figures from the Agency for Healthcare Research and Quality). Not only can dog bites or other dog attacks be physically damaging, but they can also be costly. The costs for treating dog-related personal injuries is an estimated $54 million per year; that figure averages out to $18,200 per hospital stay. They physical personal injuries sustained by children can be quite traumatizing. More than 30 children are admitted to local hospitals per year dog bite treatment, which usually involves surgery. Serious dog bites are most common in children and older adults. While teenagers and adults sustain most of their personal injuries to their legs and arms, children are more frequently attacked in the head and neck. The head and neck of children are typically attacked because children have a tendency to be down in the face of the dog. Most dog attacks are not committed by stray dogs. On the contrary, the dog is usually one that a child is somewhat familiar with; usually a family member's dog, friend's dog or neighbor's dog. Dr. John Peter, emergency department director at Cardinal Glennon Children's Medical Center, advised parents and guardians to teach their children not to fear dogs but to respect them. Peter further explained, children are not born with knowledge of how to behave around dogs, the same goes for traffic and guns. Therefore, it is a parent or guardians responsibility to teach children how to safely behave and interact with dogs. For more information on this topic read Dog bite incidences on the rise, children are likely targets.

A man from Miami Springs, Florida, is being called a hero after he jumped in to rescue and woman and her dog from being attacked by another dog. The woman was walking her dog, a mixed Labrador breed, when, suddenly, another dog came charging from a house they were passing. The attacking dog first went after the mixed Labrador and then its owner. Dan Robling saw the attack from his home. Robling rushed out of his home and fatally shot the attacking dog. Robling said the dog had the woman's arm in its mouth and was trying to pull her to the ground. The dog was identified as a form or mix of a pit bull, a breed which is currently illegal in Miami-Dade County. Although the owner of the attacking dog was not at home at the time of the attack, a woman at the house stated the canine had just been brought to the U.S. from Cuba. The woman was treated at the scene for her personal injuries, she is expected to be OK; the status of her dog is unknown. To see more on this story please see Miami Springs man called a hero after rescuing woman and her dog from another dog attack.

This woman is very lucky she was not severely injured by the dog's attack. The dog owner could potentially face civil as well as administrative or criminal charges. The owner of the attacking dog may also be responsible to reimburse the lady for the injuries inflicted upon her as well as her dog.

All dogs have the potential to be dangerous; however, some breeds are believed to be more dangerous than others. Certain breeds of canines are extremely large and can be stronger than the average person. Proper care and training can significantly impact a dog's personality, but some dogs are inherently more aggressive than others. After extensive research and analysis by the American Veterinary Medical Association, the CDC, and the Humane Society of the United States, a top-ten most dangerous dog breeds has been compiled.

Below is this list from least to most dangerous breeds:

10. Dalmatian. - These dogs are extremely protective and can be very aggressive towards humans.
9. Boxer. - Boxers are not aggressive by nature, but they are very headstrong and, therefore, can be difficult to train.
8. Presa Canario. - These dogs were originally bred to herd and fight with cattle. Attacks by these dogs have been described as hopeless for their victims. These guardian-breed dogs have man-stopping ability and a complete lack of fear.
7. Chow Chow. - If poorly bred, these dogs can be highly aggressive - they need constant reinforcement.
6. Doberman Pinschers. - These dogs are great guard dogs; however, if provoked they can be extremely aggressive. A doberman will typically attack if it believes that its property or family is in danger.
5. Alaskan Malamutes. - Very energetic and active by nature, this breed needs a lot of exercise to avoid becoming destructive.
4. Huskies. - A 2000 study of fatal dog bites revealed that 15 of these bites were caused by the Huskey-type canine.
3. German Shepherds. These dogs are known for their fearlessness and confidence.
2. Rottweilers. The territorial instincts of this breed makes them very aggressive dogs.
1. Pit Bulls. - Pit bulls are fearless breeds. Their attacking tactic is to lock their jaws until their opponent is dead. This breed is highly sought for dog fighting and are known for mauling people to death.

Although dogs can make great pets, it is important to know a dog's inherent nature and how to deal with them - especially if they are going to be around children. If you would like more information on these canines please see Top ten dangerous dog breeds.

An 8-year-boy was attacked by his family's Pit Bull while outside of his family's home in St. Augustine, Florida. The boy was in the front yard of his home when the Pit Bull lunged at him and began to bite the child. Family members were able to restrain the dog for a brief moment, but the dog broke free and charged at the boy a second time. Neighbors and family members had to beat the Pit Bull dog with sticks to ultimately free the child. The 8-year-old sustained personal injuries and puncture wounds to his head and neck, he was transported and treated at Flagler Hospital. St. Johns County Animal Control currently has custody over the dog. If you would like to read more on this story please see Boy attacked by pit bull in own front yard in St. Augustine, Florida.

If you would like to read the dog leash laws of St. Johns County, Florida please see Florida Leash Law - St. Johns County (St. Augustine) Florida.

It is important to obey your county and city dog leash laws. The leash laws are in place for several reasons, including but not limited to: reduction of stray dogs, spread of disease, and the number of dog bites or other types of dog attacks.

In Arlington area of Jacksonville, Florida, a newborn baby died after suffering serious personal injuries from a Pit Bull dog bite attack at an Arlington home. Due to the death of this child due to a Pit Bull attack, the Jacksonville Sheriff's Office and the Florida Department of Children and Families will be investing the circumstances of this incident. Dogs, whether they are a Pit Bull breed or another breed, can be unpredictable especially around children. Sometimes, a dog (with no prior warning and no prior history) just snaps and attacks a child or attack. This may have been the case here. It is unknown at this time since the dog's history or lack of history of aggression was not reported.

The death of this child is certainly a tragic loss for the family and the community. The incident is a reminder to all owners of dog to maintain control of the dog when around small children especially infants. Caution and safety measures should be exercised at all times for the protection of children. You can read more about this story at New Born Child Dies After Pit Bull Dog Attack in Jacksonville, Florida. See also Florida Law as to Dog Bite Injuries.

A 14-year-old girl of West Palm Beach, Florida is being treated for facial injuries after being attacked by two Pit Bull dogs. According to Teri Barbera, Palm Beach County Sheriff's Office spokeswoman, the teenage girl was walking to school when the Pit Bulls attacked the girl, inflicting personal injuries. Bystanders tried to pull the dogs off the girl but attempts were unsuccessful. It was not until a deputy arrived and shot the dogs when the attacked stopped. One dog fled and is still missing, the other pit bull is with animal control.

The victim was transported to St. Mary's Medical Center; her injuries are not believed to be life-threatening. According to Barbera, the pit bulls were kept in a fenced property and it is not known how the dogs escaped. If you would like to read more on this story please see Two pit bulls shot after attacking a 14-year-old girl.

Florida does not have a "one free bite" law, permitting dogs to attack a person or other animal once before its owner is put on notice of the dog's dangerous propensities. Instead, Florida presumes that dog owners are already on notice on that a dog can be dangerous without notice or history of aggression are therefore liable for injuries inflicted onto other by their animal. This may include medical bills (past, present and future), pain and suffering and loss of life damages. If you were the victim of a dog bite or other dog attack contract a Florida Personal Injury Lawyer for counsel on these issues.

According to officials, an Orange County (Florida) deputy was attacked by two pit bulls while trying to serve a warrant. According to a report, because the deputy was in fear of his safety he shot the pit bulls - killing one and "seriously" injuring the other.

Officials say the deputy was attacked when an Orange County gang unit was sent to a home in Bithlo, Florida to serve a felony warrant. The deputy who was attacked sustained minor personal injuries to his lower legs. Deputies later arrested the man sought in their investigation. If you would like to read more on this story please see Deputy attacked by two pit bulls while trying to serve warrant.

Although domesticated, dogs are still animals with inherent animal instincts and dangerous propensities. If you are a dog owner it is important to know the dog provisions of your county and city. Local county ordinances will inform you on how to properly and lawfully secure your dog in order to avoid an event like this from occurring. If you would like to read summaries of the Dog Leash Laws in the various counties of Florida please see our Florida Child Injury Lawyer Blog.

Written By: Lenorae Atter
Attorney at Law

In Florida, a dog owner is responsible for the damages caused by their dog. Florida Statutes provide that dog owners are strictly liable, meaning there is no defense, if the owner's dog attacks or causes damage to another person or property. (Florida Statute 767.01)

If a dog bites someone that is on public grounds, invited onto the owner's property, has a legal right to be on the property, or is under the age of 6, then the dog's owner can be held liable for any and all damages. Such damages can be medical, wage loss, pain and suffering, etc. The claim is treated as any personal injury claim, and even though the dog owner is liable, the damages can be lessened if the owner can show that the injured person caused the attack (i.e. violently pulled the dog's tails and ears), as long as the victim is of a reasonable age to understand his/her actions. The prior behavior of the dog cannot be used as a basis or argument to decrease the damages for which the dog owner is responsible. (Florida Statute 767.04)

If you have been the victim of a dog bite or attack, it is important to seek medical attention because dog bites often become infected. Also, you should document the injuries with photographs because it helps preserve your right to recover for any damages or out-of-pocket expenses you may have occurred.

Continue reading "Dog Owners In Florida Are Responsible for Dog's Actions" »

Pursuant to Sec. 462.402 in the Jacksonville, Florida Code of Ordinances, a "dangerous dog" is defined as a dog as any dog whose actions, according to records and after investigation, meet at least one of the following:

1. A dog who bites, endangers or otherwise aggressively attacks a human or inflicts severe injury on a human either on public or private property, including the owner's property;

2. A dog who attacks or bites another dog or domesticated animal and cuases severe injury or death to the other dog or domesticated animal upon public or private property, including the owner's property;

3. Is a dog trained for dog fighting or is being used for the purposes of dog fighting; or

4. A dog who chases or approaches a human in a menacing or threatening manner and in an apparent attitude of attack while the human is conducting himself/herself in a peaceful and lawful manner.

These dogs are exempt from the above described definitions of "dangerous dog":

1. A dog who is engaged in the performance of duties while under the supervision of law enforcement officials.

2. A dog who attacks or bites a human while the human in engaged in or attempting to engage in criminal activity at the time of the attack.

3. A dog who attacks a human while the human is willfully trespassing upon the property of its owner or, is tormenting, abusing or assaulting, the dog or its owner or a family member.

4. The dog is protecting or defending a human within its immediate vicinity from an unjustified assault or attack.

5. A dog attacks another dog or other domesticated animal on its owner's property while the dog or other domesticated animal is there without consent.

6. The dog is engaged in any legal hunt or training procedure.

If you would like to read more of the dog provisions in Jacksonville, Florida see Dangerous Dogs in Jacksonville, Florida.

An 18-year-old girl and University of Florida student, Courtney Mason, had her hand severed at the UF (University of Florida) Equine Research Center in Marion County. According to Marion County Sheriff, Capt. Eddie Leedy, Mason was sitting in the passenger seat of a UF vehicle while holding a rope lead line. The lead line was also attached to a horse and wrapped around Mason's wrist, which was being held out of the UF vehicle. For some reason, the horse apparently became spooked or frightened and pulled away from the vehicle, severing Mason's hand from her body. The hand was recovered and packed on ice and went with Mason to Shands at the University of Florida, Gainesville facility - it is unknown whether or not the hand was capable of being reattached.

If you would like to read more about this story see UF student severs hands at UF Equine Research Center.

Hopefully, Courtney Mason will have a full and quick recovery. Dealing with animals, although fun and educational, is inherently dangerous. Horses are strong and unpredictable animals, therefore, adults, and especially children and young adults, need to take extreme caution while around horses.

Continue reading "University of Florida Student Suffers Serious Left Hand - Upper Extremity Injury at UF Equine Research Center" »

By: Lenorae C. Atter, Attorney

In Florida, a dog bite or attack is considered strict liability.

What this means is that regardless of any action taken by the dog's owner, that owner is responsible if the dog attacks someone. Typically, the dog will be covered under the owner's homeowner's insurance regardless of whether the incident occurs on the home's property. Often, homeowner's insurance has a medpay provision, which pays for medical expenses up to a certain amount. If the damages go beyond that amount, then it may be a situation where the victim of the attack files a claim against the homeowner and the insurance will back up the homeowner with the money.
However, if the homeowner's insurance has an exclusion clause for dogs, then the individual owner will be liable for said damages. While none of want to think of suing our neighbor, we often don't want to think about losing the use our limb from a dog bite.

If you are the victim of a dog bite or dog attack, it is best to find out what your options are. It is also a good idea to see a doctor to determine your actual injuries. If you are approached within a few days of the bite by the dog's owner, do not simply accept an amount from them in payment of your injuries. Sometimes injuries turn out to be worse than first assessed. With dog bites, unfortunately there is a significant chance of infection, so you do not want to accept less money and wind up with a more severe injury a few weeks later.

It is always a good idea to have a consult with an attorney to discuss your rights and the action you should take. In a case like this, Wood, Atter & Wolf, P.A. handles it on a contingency fee basis, meaning you owe us nothing unless we get you money.

A St. Augustine, Florida man who adopted a 14-pound Shih-Tzu dog from a local shelter is now fighting to save the dog’s life after his new pet bit a five-year-old boy.

Cyrus, the shih-tzu, was taken into custody at the St. Johns County Animal Control. But Philip Stoddard, Cyrus’ new owner, says that the hearing was a “rush to judgment” and is fighting to have the order rescinded.

Cyrus was staying at a foster home in St. Augustine in April when he escaped from the house and ran to a 5-year-old boy who was riding in a battery-operated car. According to the boy’s mother, Cyrus bit and bruised the boy, whom she said in an affidavit was terrorized and traumatized by the attack.

Stoddard said that the mother was four or five houses away from the boy, and did not witness the attack. She called the Sheriff’s Office, and the deputy who responded to the call did not impound the dog.

However, a Department of Animal Control hearing officer ruled that Cyrus is a “dangerous dog” because the injuries were severe and the attack was unprovoked. The boy’s dog bite injuries included a lacerated ear that took 10 stitches to close at Flagler Hospital.

Stoddard disputes the severity of the injuries, which he says could have been caused when the boy fell from the vehicle. He has appealed the ruling in an effort to save his new pet.

The number of pets being adopted from shelters has risen in the past couple of years. While this is certainly a good thing for our society, the incidence of dog bites is also rising. Owners of adopted dogs should take extra caution in the first few months of ownership to become totally familiar with a dog’s disposition and should never allow a pet to run free. Those who do not take this responsibility seriously may find themselves in need of a dog bite lawyer.

According to The Humane Society of the U.S., there are over 77.5 million “owned” dogs in America. In fact, almost 40 percent of American homes have at least one dog.

There is no question that Americans love dogs. And they love us right back. But sometimes that love takes the form of protection and even aggression, which is why dog bite laws exist.

Florida dog owners can be held liable for any damages caused by their dog – either in a public place or when the victim is on the owner’s property lawfully. Florida has a strict liability law in place. That means that a dog owner is liable for personal injuries caused by a dog bite even if the dog had no prior history of dog bites or aggression. Typically, a Florida dog bite case is not controlled by the negligence or lack of negligence of the dog owner. If a dog bite takes place, the dog owner is typically liable unless the person was a trespasser on the property. What constitutes a “lawful presence”?

If an owner has given someone permission to be on the property – invited a friend or neighbor over, called a repairman for service, installed a mailbox to receive mail – that is lawful presence. If someone is trespassing and does not have permission to be on the property, that person is not a lawful guest.

The owner of a dangerous dog can defend against potential liability by displaying signage on their property that says, “Dangerous Dog”. However, signage will not discharge liability if the victim is under the age of six or if an owner has been negligent (leaving a gate open, not repairing a fence, etc.).

Florida dog bite law also requires owners of dangerous dogs to:

• Register the dog with the state
• Identify the dangerous dog with an electronic implant or tattoo
• Notify animal control immediately if the dog has bitten someone, has gotten loose, been sold or dies.
• Properly confine the dog
• Post clear warning signs at all entry points on the property that there is a dangerous dog

If you or a member of your family have been the victim of a dog bite and suffered any physical or emotional loss, contact our Jacksonville personal injury lawyers for advice and consultation regarding injuries, medical bills, homeowner's insurance, liability insurance, and other legal matters./a>.