February 3, 2012

Is Homeowners Insurance for Dog Bites Required in the State of Florida?

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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.

Posted by David A. Wolf | | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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November 20, 2011

Carbon Monoxide Exposure Leads to Hospitalization in Orange County Florida

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In Orange County, Florida, it was reported that four people were exposed to carbon monoxide poisoning at an apartment complex. The complications caused by the carbon monoxide poisoning required medical care and treatment with a hospitalization. See Four People Hospitalized in Central Florida with Carbon Monoxide Poisoning.

Carbon monoxide poisoning can lead to serious personal injuries and, in some instances, the death of unsuspecting victims. The problems and dangers associated with carbon monoxide poisoning are amplified by the fact that carbon monoxide is a colorless and odorless gas that enters a person's respiratory system instead of oxygen.

Posted by David A. Wolf | | Email This Post

Posted In: Child Safety , Defective products , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Product Liability

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June 11, 2011

Hawthorne Florida Man Suffers Horrific Injuries as a Result of a Dog Bite Attack in Putnam County Florida

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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.

Posted by David A. Wolf | | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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May 10, 2011

Orlando Florida - Arrest Made of Maintenance Man - Rape Allegations in Apartment Complex

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In Orlando, Florida and other Florida cities, a home, whether a rental or one that is owned, should be a safe haven for the residents and visitors. Unfortunately and tragically in many cases, residents are attacked, assaulted, and, yes, raped in their own home. These incidents are quite traumatic and cause severe emotional, psychological, and, in some cases, serious physical personal injuries that last a lifetime for the victim. In Orlando, Florida, a woman reported to police that she was raped by a maintenance man. The woman was locked out of her apartment and sought assistance from the maintenance man for help. The woman reported that the maintenance man let her in and proceeded to rape her. When police later questioned the man, it was reported that he smelled from alcohol and even admitted to drinking alcohol and using drugs (cocaine). The alleged incident took place at the Dovetail Villas Apartments. You can read more about this story at Police: Maintenace Man Raped Apartment Resident.

Posted by David A. Wolf | | Email This Post

Posted In: Homeowner's Insurance / Injuries at a Home , Negligent Security

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January 21, 2011

Protecting Your Home from Burglars - Tips to Make Others Think Someone Is At Home

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In Florida and other States, residents frequently take trips or vacations to Disney World, the beach, and other areas. When a person or family leaves a home unoccupied, it sometimes can be very inviting to burglars. This is especially true when it appears that the house is empty and available for ransacking and looting. The website located at Home Alarm Monitoring - Guide to Home Alarm Monitoring Service has a good article titled 10 Tricks to Make Burglars Think Someone Is Home. The implementation of some of these recommendations can help deter some burglars from breaking into your house.

Posted by David A. Wolf | | Email This Post

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home

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January 19, 2011

Child Suffers Burn Personal Injuries in Jacksonville Florida Fire

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In the Winter Months, fires are more prevalent in Jacksonville and other cities. The Jacksonville Sheriff's Office, Jacksonville Fire Rescue and the State Fire's Marshall's Office are investigating a fire that took place on the Westside of Jacksonville. It was reported that a 3 year old child suffered serious personal injuries / burns as a result of a fire in a mobile home. The fire took place at approximately 1:40 p.m. The girl was transported to Shands at the University of Florida - Gainesville for treatment. The girl's body sustained burns to the stomach, legs, face and arms. See Child Suffers Burns in Jacksonville, Florida.

Fire safety and prevention can help reduce the incidence of fires and resulting injuries. When there is a fire involving injuries, State and local officials will investigate to determine the cause of the fire as well as the preventability of the fire.

All homeowners and renters should frequently check smoke alarms and periodically replace batters as needed. In addition, electrical outlets and extension cords should be checked to make sure there is no fraying or other increased risks of fire.

Posted by David A. Wolf | | Email This Post

Posted In: Burn and Fire Injuries , Child Safety , Homeowner's Insurance / Injuries at a Home

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July 26, 2010

Florida Pool Parties Can Be a Nuisance

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Florida summer pool parties are regular weekend activities. With pools come children and that can lead to an unexpected accident. In Florida law, pools are considered an attractive nuisance. This basically means they are attractively dangerous to individuals. In this case, children may be attracted onto your property by a pool and if they are injured while on your property, then you can be liable.

In the summer many kids are out venturing the neighborhood during the day while the neighbors are at work. A pool is often attractive kids, especially on hot summer days like we have in Jacksonville, Florida.

In order to prevent accidents, it is important to have safety precautions set-up around the perimeter of the pool. The best precaution is a perimeter gate inclosing the pool with a latch and a lock on the latch. Often this is a good deterrent, especially for younger children.

If you have a pool inside an inclosed porch it is important to make certain that your locks are in good working order. Check the locks seasonally to ensure the best safety for the children in your neighborhood.

If you host pool parties at your home then be careful supplying alcohol while the children are in the pool. The more alert the crowd the less likely a child will go unattended around the pool. If the adults are going to be in and out of the house, then it's a good idea to have one of the older kids (over 12 years of age) play "life guard." While s/he will not be able to save a child from drowning s/he will respond by getting an adult.

Enjoy your summer, but also be cautious so that summer fun doesn't end in catastrophe. If you have any questions or have had a child injured while at a friend or neighbor's pool, then do not hesitate to contact a lawyer.

Posted by David A. Wolf | | Email This Post

Posted In: Attractive Nuisances , Child Safety , Day Camps / Summer Camps , Homeowner's Insurance / Injuries at a Home , Negligent Security

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July 21, 2010

Florida Dog Bites and Your Rights

By: Lenorae C. Atter, Attorney
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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.

Posted by David A. Wolf | | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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July 19, 2010

It’s Hurricane Season: How Will Your Homeowner's Insurance Company Perform?

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Florida residents spend half their lives in hurricane season (June-November), and are well acquainted with the forces of nature that seem to visit with some regularity. The risk or threat of Hurricanes is a part of life in the Sunshine State, and we usually do not think too much about it until we have to...likely when we are faced with filing a homeowners’ insurance claim.

In the face of natural disasters like hurricanes, insurance companies have a duty to act promptly and to investigate your claims fairly. Unfortunately, this does not always happen and homeowners are wise to consult with a personal injury attorney if their homeowners’ insurance company:

• Denies any covered claims
• Tries to blame the damage on something else that is excluded in the policy
• Tries to underpay based on computer model data
• Tries to deny coverage on the basis of ambiguous policy exclusions
• Undervalues a claim
• Takes longer than necessary to investigate and evaluate damages

Any time homeowners’ insurance claims are delayed or denied, it may be well worth your time to get legal advice on how to proceed. Insurance companies often deny an initial claim in an effort to “buy time” or deny coverage based on ambiguous provisions. However, if this kind of dispute goes to trial and the court finds that the provisions are ambiguous, judgment will be made in favor of the insured.

If you believe you have been denied compensation unfairly by your homeowner's insurance carrier, you should speak with a Florida personal injury attorney to learn about your options for fighting the insurance company’s decision.

Posted by David A. Wolf | | Email This Post

Posted In: Homeowner's Insurance / Injuries at a Home

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