January 12, 2012

What is Strict Liability for a Florida Dog Bite Injury? How Does It Differ from Negligence?

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In Florida, a dog owner is liable for injuries caused by a dog bite or dog attack pursuant to Section 767.01, Florida Statutes. Under this law, a dog owner is strictly liable for injuries caused by the dog bite or dog attack. In other words, the injury victim is not required to proof fault, knowledge, or predisposition to attack by the dog in order to prevail on a legal claim or lawsuit. As noted in Knapp v. Ball, 175 So.2d 808 (Fla. 3rd D.C.A. 1965), there was not assumption of risk by a dog bite victim by her mere presence in the Defendant's house as a guest. The Third District Court of Appeal further noted that liability is based on a legal obligation rather than on negligence. Furthermore, scienter or knowledge of a dog's prior aggressiveness is not required for such a case.

In most cases, a dog owner is strictly liable for the actions of his or her dog that cause injury to a victim. There are some exceptions to this general rule. When a person is injured as a result of a dog bite attack, there are often times many issues or challenges faced by the dog bite victim including medical bills, medical treatment, insurance coverage, damages, pain and suffering, and other issues.

Florida and other States have unique laws in place for dog bite injuries and attacks. These cases are much different than other types of injury cases like automobile accidents, slip and falls, and other incidents.

Many dog bite attacks and injuries can be avoided with better precautions and supervision of the dog / animal. This includes dog training, fencing, and the use of a leash at all times that a dog is off of the property. For more information on Florida leash laws, see Florida Leash Laws - County by County. When a dog attacks or bites a person, animal control agencies and / or local government agencies can take action to declare that the dog is a dangerous dog. See Florida Dangerous Dog Laws - County by County.

January 4, 2012

Brevard County Pit Bull Attack - What Florida Laws Apply?

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In Florida, children are the unfortunate victims of dog bite incidents and attacks. It was reported that an 11 year old Florida girl was bitten and attacked by a Florida Pit Bull breed type of dog. Trinity Ciolfi, age 11, was bitten when leaving a friend's house. She was later admitted to the hospital with fractured arms and lacerations. There was a large area on her arm that was injured as a result of the attack. Government officials put the dog under a 10 day quarantine. Unfortunately, the dog did not have its Rabies shots in order. See Dog Attack of a Central (Brevard County) Florida Girl.

Following a dog bite / attack injury to a child, there are many issues and challenges for a parent to deal with. Florida dog bite cases are governed by Chapter 767, Florida Statutes and local dog leash and dangerous dog ordinances and laws. Florid has a strict liability law in place for dog bite injuries. In other words, a dog owner is liable for a dog bite even if the dog did not have a history of aggression. A dog owner is liable regardless of its propensity or likelihood that it would bite a child or adult. Strict liability is different than common negligence which would require that the dog owner did something wrong or was at fault for the dog bite related injuries. In Florida, the privilege of dog ownership comes with it the responsibility for the acts and bites of the dog. There are some limited exceptions to the strick liability laws in Florida. For instance, a dog owner may be able to avoid responsibility if the dog bite victim was a trespasser and / or the dog bite victim purposely provoked the dog. In most dog bite attacks, the injured child is simply a victim who deserves compensation under Florida law for the injuries suffered as a result of the dog attack / dog bite.

Most Florida counties have a leash law in place. See Florida Dog Leash Laws - County by County. In addition, most Florida counties have a dangerous dog law in place. See Florida Dangerous Dog Laws - County by County. When a child is injured as a result of a dog bite, it is important to consult with a Florida Dog Bite attorney as to the rights of the injured child. In pursuing these cases, it is often helpful if the dog bite owner has homeowner's insurance in place that covers damages for dog bite injuries. Unfortunately, many homeowner's insurance policies have exemptions for dog bite injuries or animal attacks. If there is no coverage in place, the dog owner is still legally liable for the injuries or damage; however, payment for these damages must come directly from the Florida dog owner rather than the homeowner's insurance company.

January 1, 2012

Is a Dog Owner Liable for a Dog Attack that Does Not Result in a Dog Bite?

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Is a Dog Owner Liable for a Dog Attack that Does Not Result in a Dog Bite? The simple answer to this question is "Yes". Pursuant to Section 767.01, Florida Statutes, 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 Florida Statutes - Section 585.01.

The pursuit of a Florida dog bite case or a Florida dog attack case often times involves an interpretation of statutes and case law. A Florida Dog Bite Attorney can help the dog bite victim with advice, consultation, and legal representation regarding these matters.

In Josephson v. Sweet, 173 So.2d 463 (Fla. 3rd D.C.A. 1964), the Third District Court of Appeal noted that a dog owner can be liable for a dog bite and / or a dog attack that causes personal injuries. In Josephson, the Court noted that there is no requirement in a dog attack case to prove or allege that the owner of the dog had prior knowledge of the vicious or dangerous propensities of the dog. The Court also noted that Section 767.01, Florida Statutes, did not require prior knowledge or prior bad acts of the dog to pursue a lawsuit against the dog owner for personal injuries suffered as a result of a dog attack.

Many dog bite injuries and dog attack injuries are preventable. It is important for dog owners to maintain control of their dogs. Unfortunately, dogs are unpredictable. At any time, a dog could snap or react to a situation and then attack or bite a person. Most Florida counties and cities have dog leash regulations. By complying with or obeying these regulations, many dog bite injuries can be avoided. See Florida Dog Leash Laws - County by County. When a dog bites or attacks a person, the local animal control department can take action to quarantine the dog and, in some instances, destroy the dog. See Florida Dangerous Dog Laws - County by County.

The book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. You can receive a free copy of this book at The ABCs of Child Injury.

December 5, 2011

Animal Control Hearing over Dog's Fate Following Serious Dog Bite to 3 Year Old Girl (Erica Leinhart)

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In Orange County, Florida, a hearing was held to determine the fate of a German Shepherd breed dog who bit a 3 year old girl at a park. It was reported by the Orlando Sentinel that the dog bit 3 year old - Erica Leinhart - in the face. Following the dog bite incident, the Orange County Animal Service held a hearing to hear statements from the dog owner (Joseph Marcica) and the girls' parents - David and Alicia Leinhart. The father stated that the injuries to his daughter's face met the criteria as established by Florida law to meet the injury type that would justify the standard for euthansia of the dog. There were also statement presented by neighbors of the dog owner as to the prior acts of the dog. The dog owner countered with statements that the dog was not dangerous.
See Orange County Dog Bite Attack Animal Services Hearing.

With respect to the animal service hearing, a decision will be made as to the fate of the dog. Whatever decision is made, the fact remains that a child suffered a serious personal injury as a result of a dog attack in Florida. Far too often, children are the unfortunate victims of dog bite attacks. Many of these dog bite incidents are preventable.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Treatment / Medical Bills, Homeowner's Insurance and Claims, Damages / Compensation, and other topics. To receive a free copy of this book, go to The ABCs of Child Injury.

December 3, 2011

Orlando Florida Dog Bite - Personal Injuries to Child - Florida Dangerous Dog Laws and Florida Leash Laws

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In Florida, children are the unfortunate victims of dog bite injuries. Many Florida dog bite attacks can be prevented if the owner utilizes a proper leash and otherwise maintains control of the dog. Florida law provides for Strict Liability of dog owner when there is a dog attack. In other words, in most Florida dog attack cases, the dog owner is liable even if there is no prior history of aggression by the dog. In Florida, dog ownership comes with its responsibilities. In Orlando, Florida, a 3 year old girl - Erica Leinhart - suffered serious facial injuries when she was bit by a German Shepherd breed dog. The injuries were so severe that Erica required plastic surgery. The incident took place at the Blue Jacket Park in the playground area. A day at the playground for this little girl turned into a very traumatic and painful event for her. Following the dog attack, animal control investigated the incident and will hold a hearing to determine the fate and future of the dog. The parents of Erica Leinhart believe that the dog is dangerous. The dog owner believes otherwise. The problem is that the dog already attacked one little girl. See Orlando, Florida - Girl Attacked by Dog at Park. See also Florida Leash Laws - County by County and Florida Dangerous Dog Laws - County by County.

A parent face many challenges and issues when dealing with a serious injury to a child. Florida provides for many laws and protections for children. Even with these laws in place, children are still injured. Laws are violated and children are injured. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, School Injuries, Playground Injuries, Medical Bills / Treatment, Damages / Compensation, and other topics. A parent or other interested person can receive this book for free at The ABCs of Child Injury.

December 1, 2011

Dog Bite Attack - Madeira Beach, Florida - 5 Year Old (Shayna Lydick) Suffers Serious Facial Personal Injuries

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In Madeira Beach, Florida, a 5 year old girl (Shayna Lydick) suffered serious facial personal injuries as a result of a dog attack. The attack was reported by Bay News 9 (Pinellas County). The family of Shayna Lydick are very upset over the situation and the injuries to this Pinellas county girl. The family is also concerned about the safety of others in light of the dog attack by "Sampson". Shayna has been seen and treated by a plastic surgeon who informed the family that the injuries will be permanent in nature. See Dog Bite Attack - Madeira Beach, Florida.

In Florida, the owner of a dog is liable for injuries caused by a dog bite. Unlike some other States, there is no "one free bite" rule in Florida. In addition, a dog bite victim does not have to prove that the dog was previously known as a vicious or dangerous dog. If a dog bites a person, there is typically liability for the resulting injuries unless the dog bite victim was a trespasser or was hostile to the dog. In Florida, dog owners should maintain control of their dogs. Many dog bite incidents can be avoided with a proper collar, leash, and, yes, control by the dog owner. When a dog owner takes his or her dog out in public, there is always a risk that the dog may react to something or somebody and then bite a person. It does not necessarily mean that the dog is a "bad dog". It just means that the dog bit a person, caused injuries, and, yes, has caused a liability problem for the dog owner. See Florida Dog Leash Laws - County by County. See Florida Dangerous Dog Laws - County by County.

November 27, 2011

Florida Dog Bites - Risks to Children - Statistics and Important Information for Parents

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In Florida, children are the unfortunate victims of dog bite incidents. Some dog bites involve the family dog, a neighbor's dog, a relative's dog, a friend's dog, a stranger's dog, business owned dog, government owned dog, or stray. Whoever owns the dog - the injuries resulting from a dog bite injury can be quite significant from both a physical and psychological standpoint for a child. The Florida Department of Health posted an interesting article about Dog Bites on its website. According to a study conducted by health professionals and a veterinarian, there are more than 4.7 million reports of dog bites a year and approximately 50 % of these incidents involve children. It is estimated that more than 500 residents from the State of Florida are bitten by a dog each year and suffer injuries significant enough to require a hospital visit or admission. Children under the age of 10 years old were noted to suffer a higher proportion of injuries to the head and neck as compared to older victims. The study also noted that a greater number of un-neutered males accounted for over 70 % of the dog bite incidents. This statistic supports the need and utility of having dog owners neuter their male dogs. For more information regarding this study - See Florida Department of Health - Dog Bite Information, Statistics, and Advice. See also Florida Dangerous Dog Laws - County by County, and Florida Leash Laws - County by County.

September 27, 2011

Girl and Grandfather Attacked by Pit Bull Dog in Central Florida

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A Central Florida girl was attacked by a pit bull dog. The 8 year old's grandfather was also attacked when he attempted to rescue the child. Both victims are recovering from the attack. According to reports the dog had the head of the girl in the dog's mouth.

In the State of Florida, there is strict liability when it comes to dog bite cases. If you are a victim of a dog bite you may file a suit in civil court. If you have been attacked of bitten by a dog, it is important to contact a lawyer who handles dog bite legal matters and injury cases. There are laws regarding the statue of limitations. The owner of the dog may be liable and you may be entitled to economic compensation. It is the dog owner's responsibility to keep their dog properly restrained. Appropriate "bad dog" signage should also be posted on the dog owners property. For more information see, Girl and Grandfather Attacked by the Pit Bull Dog in Central Florida.

Florida dog bites can be especially serious when a young child is bitten by a dog. Because of the size of a child and the child's inability (in most instances) to defend himself or herself, a dog bite injury can be life threatening and even deadly in some instances. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. You can received a free book at Free Child Books Offer - Dealing with Dog Bite Injuries and Other Child Injuries.

June 19, 2011

How Does Palm Beach County (Boca Raton, Boynton Beach, Delray Beach, Glen Ridge, Golf, Jupiter, Lake Worth, Palm Beach, Palm Beach Gardens, Tequesta, Wellington, and West Palm Beach) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured

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Pursuant to section 4-2 of the Palm Beach County, Florida, Code of Ordinances, a "dangerous dog" is defined as any dog that
1. Has aggressively bitten, attacked, endangered or inflicted severe injury on a human being on public or private property;
2. Has more than once severely injured or killed a domestic animal while off the owner's property;
3. Has been used primarily on or in part for the purpose of dog fighting or is a dog trained for dog fighting;
4. Has, when unprovoked, chased or approached a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack.

Exceptions: A dog shall not be declared dangerous
1. If the threat, injury or damage was sustained by a person who, at the time, was unlawfully on the property.
2. If the threat, injury or damage was sustained by a person who, at the time, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a person in the immediate household of the owner.
3. If the dog was protecting or defending a human being within the vicinity of the dog from an unjustified attack or assault.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

June 15, 2011

How Does Hillsborough County ( Apollo Beach, Brandon, Plant City, Tampa, Valrico, Wimauma, and Ybor City) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Hillsborough County, Florida, incorporates Florida Statue sec. 767.11 into its Code of Ordinances to provide the definition of a "dangerous dog." If you would like to read the plain language of the applicable Florida Statute see the state's official website under Chapter 767 - Damage by Dogs.

Dangerous dogs are addressed under section 6-43 of the Hillsborough County, Florida, Code of Ordinances. The provisions of chapter 767, Florida Statutes, pertaining to the adoption, all procedures, regulations, requirement and restrictions are applicable. After a dog has been classified as dangerous the owner must obtain a certificate within 14 days from the date of receipt of the notice of intent to declare the dog dangerous. A certificate will only be issued to those owners who are lest 18-years-old, pay the appropriate fee and present sufficient evidence of the requirements provided for in section 767.12, Florida Statutes. In addition, the dog's owner must also:
1. Sterilize the dog within 30 days of being declared dangerous; and
2. Register for, and attend to completion, dog obedience training from an instructor approved by the department; and
3. Provide the department proof of a current health cerfiticate for the dog issued by a veterinarian; and
4. Have the dog micro-chipped and registered to the owner at his or her current address; and
5. Post approved signage obtained from the department at intervals determined by the department at all entrances of the property; and
6. When outside its mandatory proper enclosure, the dog must be muzzled, restrained by a substantial chord or leash, and under control of a competent person. In addition, a passive head restraint collar or harness is required; and
8. Receive training provided by the department on responsible pet ownership of dangerous dogs.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

June 14, 2011

How Does Sarasota County (Nokomis, Osprey, North Port, Sarasota, and Venice) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Sarasota County, Florida, incorporates Florida Statue sec. 767.11 into its Code of Ordinances to provide the definition of a "dangerous dog." If you would like to read the plain language of the applicable Florida Statute see the state's official website under Chapter 767 - Damage by Dogs.

Vicious Animals are addressed under section 14-40 of the Sarasota County, Florida, Code of Ordinances. The following criteria subject an animal to a vicious animal investigation:
1. If the animal has a propensity, tendency, or disposition to attack. to cause injury to, or to otherwise endanger the health and safety of human beings or other domestic animals;
2. The animal has aggressively bitten, clawed or otherwise attached a human being or other domestic animal without adequate provocation;
3. The animal, without adequate provocation, exhibits aggressive behavior or creates a reasonable apprehension of immediate injury;
4. The animal, because of temperament, conditioning or training, has known propensity to bite or otherwise exhibit aggressive behavior causing injury to human beings or domestic animals or creates a reasonable apprehension of immediate injury;
5. The animal is defined and certified as a dangerous dog under Chapter 767, Florida Statutes.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

June 13, 2011

How Does Lee County (Bonita Springs, Cape Coral, Estero, Fort Myers, and Sanibel) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Lee County, Florida defines a "dangerous animal" under section 6-30 of its Code of Ordinances. Pursuant to section 6-30, a "dangerous animal" is defined as any animal that has:
1. Aggressively bitten, attacked or endangered or has inflicted severe injury on human being on public or private property;
2. More than once, severely injured or killed a domestic animal while off the owner's property;
3. Has been used primarily or in part for the purpose of fighting or is an animal trained for fighting; or
4. When unprovoked, chased or approached a person up the streets, sidewalks, or any public grounds in menacing fashion or apparent attitude of attack.

Section 6-44 - Dangerous Animals, establishes the certain obligations on the owner of a animal classified as dangerous.
1. An animal declared as dangerous must be confined in a secure enclosure on the premises of it owner or keeper.
2. The dangerous animal shall not be allowed off the premises of its owner or keeper unless such animal remains: a). inside a secure marked carrier identifying the animal as dangerous; or b). under the physical control of its owner or keeper who is competent and over the age of eighteen (18) years, securely muzzled and restrained by a chain with a tensile strength of 300 pounds and does not exceed 3 feet in length attached to an approved harness which identifies the animal; or c). subject to conditions established by the director of domestic animal services.

A dangerous animal that is impounded cannot be released until
1. The owner or keeper of the animal agrees to confine and restrain the animal.
2. Provides proof that the animal has been electronically implanted, sterilized, vaccinated for rabies and has made payment of a one-time dangerous dog registration fee.
3. Posts warning signs with attached number identifying the dangerous animal on the owner or keeper's premise stating "Dangerous Animal" on the property at al entry points to the property.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

June 12, 2011

How Does Miami-Dade County (Aventura, Bal Harbour, Coconut Grove, Coral Gables, Cutler Bay, Doral, El Portal, Hialeah, Kendall, Key Biscayne, Miami, Miami Beach, Miami Lakes, Miami Shores Village, Miami Springs, Palmetto Bay, Pinecrest, South Miami, a

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Dangerous dogs are addressed in the Miami-Dade County, Florida, Code of Ordinances, under sections 5-22 and 5-23. In Miami-Dade County, Florida, a party is liable to another if his or her dog commits any of the following acts:
1. When unprovoked, the dog endangered, attacked or bit a human;
2. When unprovoked and while off the responsible party's property, the dog severely injured or killed a domestic animal;
3. The dog has been used for dog fighting, or has been trained for dog fighting; or
4. When unprovoked, the dog has chased or approached a human in a menacing fashion or apparent attitude of attack upon streets, sidewalks, or any other public grounds or common area of a private building or development.

Exceptions. The responsible party is not liable, and the dog shall not be determined as dangerous, if the threat, injury, or damage was sustained:
1. By a human who, at the time was unlawfully on the property of the responsible party;
2. By a human who, while lawfully on the property of the responsible party, was tormenting, abusing, or assaulting the dog, the responsible party, or another person lawfully on the property; or
3. While the dog was protecting or defending a human from a unjustified attack or assault; or
4. By a human who was engaged in or attempting to engage in a criminal activity at the time of the attack; or
5. While the dog was engaged in a legal hunt or in a legal sport or exhibition; or
6. While the dog was engaged in law enforcement work under the direction of a law enforcement officer.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

June 11, 2011

How Does Monroe County (Big Pine, Islamorada, Key Colony Beach, Key Largo, Key West, Layton, Marathon, Sugarloaf Key, and Tavernier) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Monroe County, Florida, specifically defines a "dangerous dog" as any dog that has:
1. Aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;
2. Has more than once severely injured or killed a domestic animal while off the owner's property;
3. Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
4. Has, when not provoked, chased, or approached a person upon the streets, sidewalks, or an public grounds in a menacing fashion or apparent attitude of attack.
(See section 4-1 of the Monroe County, Florida, Code of Ordinances).

Exceptions. The following actions are not included in the definition of of a "dangerous dog":
1. A dog that bites or attacks a person or animal, when the injured person or animal provoked, tormented , tortured or treated the animal cruelly or is unlawfully on the property of the owner; or
2. A dog that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect itself or another animal or a person if that person is engaged in lawful activity and is the subject of an assault or batter or animal attack; or
3. A dog that was engaged in law enforcement worked under the direction of a law enforcement officer; or
4. A dog that was engaged in a legal hunt or in a legal sport or exhibition (i.e., obedience trial, conformation show, field trial, hunting/retrieving trial, or herding trial).

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

June 10, 2011

How Does Okeechobee County (Cypress Quarters and Okeechobee) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Okeechobee County, Florida, incorporates the Florida Statute section 767.12 regarding the classification, certification of registration and other requirements of the statute that concern dangerous dogs. If you would like to read the plain language of the statute see the State's official website under Chapter 767 - Damage by Dogs.

Pursuant to section 10-95 of the Okeechobee County, Florida, Code of Ordinances, the owner is provided an opportunity for a hearing prior to a final hearing on the determination of his or her dog as a dangerous dog.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

June 9, 2011

How Does Pinellas County (Bay Pines, Belleair, Clearwater, Dunedin, East Lake, Indian Rocks Beach, Palm Harbor, Safety Harbor, St. Petersburg, Sunset Beach, Tarpon Springs, and Treasure Island, Florida Define a Dangerous Dog? - Dog Bites and Rights of th

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Pinellas County, Florida, provides a definition for an "dangerous animal" under its Code of Ordinances. Pursuant to section 14-26, a "dangerous animal" means any animal that:
1. Has aggressively bitten, attacked or endangered or has inflicted severe injury on a human being on public or private property;
2. Has more than once severely injured or killed a domestic animal while off the owner's property; or has once severely injured or killed a domestic animal while off the owner's property, so long as the victim animal did not instigate the altercation.
3. Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or
4. Has, when unprovoked, chased or approached a person in a menacing fashion or apparent attitude of attack.

Dangerous animals are addressed in the Pinellas County, Florida, Code of Ordinances, under section 14-64. The following obligations are created under sec. 14-64:
1. Any animal that is the subject of a dangerous animal investigation, that is not impounded with animal services, shall be maintained by the owner in a proper enclosure.
2. The owner must pose clearly visible warning signs at all entry points that inform both children and adults of the dog's presence on the property when the animal is kept.
3. The owner may not permit the animal to be outside of its proper enclosure, unless the animal is muzzled and restrained by a substantial chain or leash and under the control of a competent person over the age of 18.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

June 8, 2011

How Does Pasco County (Dade City, Holiday, Hudson, Land O' Lakes, New Port Richey, \ Port Richey, and Zephyrhills) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Section 14-27 of the Pasco County, Florida, Code of Ordinances, provides definitions for the following types of animals:
1. "Aggressive Animal." Any animal that, without provocation, constitutes a physical threat to human beings or other animals. Aggressive behavior includes but is not limited to: 1). A loose, unconfined animal, that when unprovoked chases or approaches a person in a menacing fashion or apparent attitude of attack; 2). Chases vehicles; 3). Molests livestock or other domestic animals.
2. "Vicious Animal." Any animal which kills or unjustifiably causes physical injury to a person or to any domestic animal.

"Dangerous Dogs" are addressed under section 14-42 of the Pasco County, Florida, Code of Ordinances.
Section 14-42 incorporates Florida Statute sections 767.10-.15. For the plain language of the Florida statutes see Chapter 767 - Damage by Dogs.

The following are responsibilities of a dog owner whose dog is under investigation for possibly being determined as a dangerous dog:
1. If the dog that is subject of a dangerous animal investigation is not impounded shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation.
2. During the investigation, the dog subject to the investigation may not be relocated or have ownership transferred pending the outcome.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

June 7, 2011

How Does Highlands County (Avon Park, Lake Placid, Leisure Lakes, Lorida, Sebring, and Venus) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Highland County, Florida, incorporates the definition of "dangerous dog" provided under Florida Statute sec. 767.11. If you would like to see the plain language of that statute you can visit the state's official website under Chapter 767.

Pursuant to section 4.5-28 of the Highlands County, Florida, Code of Ordinances after a dog is classified as a "dangerous dog" by the county's dangerous dog hearing board, the owner may appeal the classification within 10 business days after receipt of the determination and must confine the dog in a securely fenced or enclosed area pending resolution of the appeal.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

June 6, 2011

How Does Santa Rosa County (Avalon Beach, Bagdad, Gulf Breeze, Jay, Milton, Munson, Navarre, and Pace) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Santa Rosa County, Florida, defines a "dangerous and vicious animal" separately from a "dangerous dog." Pursuant to section 4-27 a "dangerous and vicious animal" means any animal that bites or in any manner attacks, or attempts to attack, any person or severely injures or kills a domestic animal, so long as the animal or person attacked was unlawfully upon its owner's or keeper's premises.

A "dangerous dog" is also defined under section 4-27 and means any dog that:
1. Has aggressively bitten, attacked or endangered or has inflicted severe injury on a human being on public or private property; or
2. Has severely injured or killed a domestic animal while off its owner's property (more than once); or
3. Has been used primarily or or in part for the purpose of dog fighting or is a dog trained for fighting; or
4. Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attacked.

Another relevant term provided under section 4-27 is "severe injury," which means any physical injury that results in broken bones, multiple punctures, or disfiguring lacerations requiring sutures or cosmetic surgery.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

June 5, 2011

How Does Walton County (DeFuniak Springs, Freeport, Miramar Beach, Paxton, Point Washington, Redbay, and Santa Rosa Beach) Florida Define a Dangerous Dog? - Dog Bites and Rights of the Injured Person

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Walton County, Florida, incorporates Section 767.12 of the Florida Statutes into its county ordinances under section 5-33 - Dangerous Dogs of the Walton County Code. Florida statue sec. 767.12 addresses the classification, confiscation and destruction of dangerous dogs. The statute also governs the notification, hearing and appeal procedures the county and county animal control officers must follow. If you would like to read the plain language of the relevant statute see the state's official website under Chapter 767 - Damage by Dogs.

Although the Walton County Code does not provide a definition for "dangerous dogs" it does define a "nuisance animal." Pursuant to section 5-28 of the Walton County Code, a "nuisance animal" is any animal that
1. May pose a threat to a person or passing vehicle; or
2. If off the owner's premises, attacks other animals; or
3. Trespasses on school grounds or public places, other than that of a service animal;
4. Damages private or public property;
5. Scatter garbage or trash; or
6. Is a female animal in heat and is not properly restrained; or
7. Habitually or continuously barks, whines, howls, meows, cries, screams, or causes objectionable noises when unprovoked; or
8. Trespasses onto the private property of another; or
9. Is abandoned by its owner who refuses to continue to provide control and care and by releasing it to run at large.

Florida law does not require the classification of a dog as a "dangerous dog" in order to pursue claim or a case for dog bite injuries. In fact, there is no requirement that Animal Control take any action for a person to pursue a case for medical bills, medical treatment, pain and suffering, and related damges for a dog bite injury.

Whether a dog is classified as a dangerous dog or not, it is vital that dog owners maintain control of their dogs for the protection of others. This would include consistent use of leashes and a secure backyard and / or front yard with appropriate fencing. In Florida, a dog bite victim typically need only prove that a dog bite took place. There is no requirement that the dog bite victim prove the dangerous history or propensities of the dog. Even if this was the dog's first bite every, the dog bite victim can pursue a cause of action against the dog owner for the related damages and injuries.

You can read more about the Florida Dog Bite Law at Florida Dog Bite Statute - There is Teeth to this Florida Law - Rights of Injured Children and Adults. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Bills and Treatment, Damages / Compensation, and other topics. You can receive a free child injury book at The ABCs of Child Injury. See also Florida Animal and Dog Bite Injuries at the Wood, Atter & Wolf Website.

 
 
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