Dog Bite Injuries

Published on: October 30, 2018

Florida’s Dog Bite Law – Who’s Responsible?

When it comes to determining liability in dog bite cases, states employ a variety of different approaches. Most commonly, states will either apply a “strict liability” standard or a “negligence” standard. Many states also require a plaintiff to prove that the dog’s owner knew of an animal’s aggressive tendencies.

In Florida dog bite cases, a dog’s owner is held strictly liable for injuries caused by their animal, regardless of the dog’s history or aggression. A recent case illustrates the difference between a strict liability standard and a negligence standard in dog bite cases.

The Case Facts

The defendant’s dog bit the plaintiff as he approached the animal with an extended hand. As it turns out, the dog had bitten several other people, and had drawn blood during two of those incidents. The dog was usually kept confined within the defendant’s backyard, and on the fence outside the defendant’s home there was a sign stating “Beware of Dog.”

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Published on: April 11, 2018

Court Finds Plaintiff’s Acceptance of Risks Involved in Volunteering at Dog Park Does Not Prevent Her from Filing a Personal Injury Case

By Cecere Santana, PA

Earlier this month, a state appellate court issued a written opinion in a Florida dog bite case discussing the single defense to the state’s strict liability dog-bite statute. Ultimately, the court concluded that a warning sign posted outside the dog park where the plaintiff was injured did not bar her recovery against the defendant dog owner.

The Facts of the Case

The plaintiff had volunteered at a local dog park for three years. Prior to beginning as a volunteer, the plaintiff signed a waiver indicating that she was aware of the dangers involved in being in the dog park and that she accepted those risks. On the entrance gate into the dog park, there was a sign warning visitors of the potential dangers and explaining that all visitors enter at their own risk.

One day, the plaintiff was inside the dog park with the defendant and the defendant’s dog. The defendant’s dog was running around the park when it collided with the plaintiff, causing her to fall and break her leg. The plaintiff filed a personal injury lawsuit against the defendant, arguing that under the state’s strict liability dog-bite statute, the defendant was liable for her injuries.

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Published on: February 1, 2016

Court Allows Case to Proceed Against Dog Owners for Injuries Caused by “Chasing”

By Cecere Santana, PA

Earlier last month, a state appellate court issued an opinion that gave the victim of a potential dog attack another chance to bring their case to trial after it was dismissed by a lower court. In the case, Grammer v. Lucking, the plaintiff alleged an injury caused, not by the dog actually biting her, but by her reaction to what she believed to be a dangerous dog quickly approaching her.

The Facts of the Case

The plaintiff was a woman who was out on a walk with her husband in their neighborhood. As they approached the defendant’s home, they noticed that the defendant had two dogs out in front of his property, one chained and one unchained. As the plaintiff got near, the dogs ran towards her. The woman’s husband stepped out in front of her, hoping to get the dogs to stop. The dog that was chained reached the end of its chain and was unable to approach the couple. However, the unchained dog continued to approach.

As the dog passed the woman’s husband, she became nervous and stepped back. As she did, she tripped and fell, injuring her elbow. She filed a lawsuit in strict liability against the dogs’ owner.

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