Florida Child Injury Lawyer Blog

Every day Florida children become victims of dog bites resulting in personal injuries. Some involve minor medical care and some recovery extensive medical care with surgery and extended hospitalizations. Some basic tips for the immediate treatment of a dog bite include the following:

1. Stay Safe. Separate the child and the dog. Keep the dog and child at a safe distance so that treatment can be initiated.

2. Control any bleeding by following the appropriate steps.

3. Cover the wound with a clean, dry dressing.

4. Watch for signs of infection:
*Redness *Swelling *Heat *Weeping pus

5. Contact a physician or go the emergency room.

You can read more about the above tips at How to Treat Dog Bite Injuries.

6. Make sure that the dog is under control.

7. Obtain the vaccination records for the dog if possible.

You can read more details about How to Treat Dog Bites.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets

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In Duval County (Jacksonville) Florida there is an Animal Control Ordinance in place under Section 462 of the City of Jacksonville Code titled the Jacksonville Florida Animal Control Ordinance. The Animal Control Ordinance covers topics including dog bites, dangerous dogs, and leash law. Pursuant to Section 462.303 (Animals at-large prohibited), no owner of any dog or cat shall permit the dor or cat to be at large, except a dog shall be considered exempt from these provisions if the dog is engaged in law enforcement, hunting, or is located in a "no leash party.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact the City of Jacksonville Animal Control Department.

Florida's Dog Bite Statute applies state wide and is not contingent on any of the various leash laws in place for counties and cities. Dog bite matters especially when dealing with a child have legal consequences and obligations unique to these cases. A Florida Child Injury Lawyer / Dog Bite Lawyer can assist you with these matters. Animal Control will enforce local regulations but cannot give legal advice or provide compensation for a violation of the ordinances or the State of Florida Statutes.

If you would like a copy of City of Jacksonville's Leash Law or other Animal Control Ordinances for the City of Jacksonville / Duval County or other Florida cities / counties, please contact me.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets

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In Nassau County which includes Fernandina Beach and Amelia Island, there is an Animal Control Ordinance in place under Article III - Section 6. The Animal Control Ordinance covers topics including dog bites, dangerous dogs, and leash law. Pursuant to Section 6-45, all animals must be kept under restraint. Animal At Large is defined as any animal (excluding livestock) not under the restraint of a person capable of controlling the animal on / or off the premises of the owner. Restraint is defined as any animal secured by a leash or lead under the control of a responsible person and obedient to that person's commands, or within the real property of its owner. Hunting dogs are excluded within a designated hunting area.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact Nassau County Animal Control.

Florida's Dog Bite Statute applies state wide and is not contingent on any of the various leash laws in place for counties and cities. Dog bite matters especially when dealing with a child have legal consequences and obligations unique to these cases. A Florida Child Injury Lawyer / Dog Bite Lawyer can assist you with these matters. Animal Control will enforce local regulations but cannot give legal advice or provide compensation for a violation of the ordinances or the State of Florida Statutes.

If you would like a copy of Nassau County's Leash Law or other Animal Control Ordinances for Nassau County or other Florida cities / counties, please contact me.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets

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In Clay County which includes Orange Park and Green Cove Springs Florida, there is an Animal Control Ordinance in place under Article II - Section 4. The Animal Control Ordinance covers topics including dog bites, dangerous dogs, and leash law. Pursuant to Section 4-22, it is unlawful for any owner or keeper of an animal other than a cat to willfully or negligently allow the animal to run at large on any public property or on any private property. There are exceptions in place for hunting dogs and exhibition dogs.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact the Clay County Florida Animal Control Department.

Florida's Dog Bite Statute applies state wide and is not contingent on any of the various leash laws in place for counties and cities. Dog bite matters especially when dealing with a child have legal consequences and obligations unique to these cases. A Florida Child Injury Lawyer / Dog Bite Lawyer can assist you with these matters. Animal Control will enforce local regulations but cannot give legal advice or provide compensation for a violation of the ordinances or the State of Florida Statutes.

If you would like a copy of Clay County's Leash Law or other Animal Control Ordinances for Nassau County or other Florida cities / counties, please contact me.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets

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Medical studies and statistics show that dog bites are a greater hazard to children than adults. Children, who lack the judgment, experience, and intuition of an adult, do not appreciate the dangers of dogs. In addition, children are smaller and more vulnerable to the reach of a dog. While some breeds seem to be more dangerous and temperamental than others like Pit Bulls, Akitas, Doberman Pinchers, German Shepards, and others, all dogs are capable of biting a child. Florida is a strict liability State for dog bite injuries to children and adults. In other words, an owner is liable for medical expenses, pain and suffering associated with a dog bite regardless of the owner's actions or inactions and regardless of the dog's breed or history / lack of history of aggression. It is important to educate your child about dogs. Show your child how to approach a dog. Ask if it is ok to pet the dog? Ask if the dog likes children? Likes to be pet? Let the dog smell your hand first. Dogs, in some ways, are like children. They can frighten easy and are uncomfortable in new settings with new people. You can more about a medical study reported in Pediatrics - The Official Publication of the American Academy of Pediatrics atAnalysis of Dog Bites in Children Under the Age of 17.

Posted by David A. Wolf | Permalink | Email This Post

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

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In Florida, a person is civilly liable for damages caused his or her dog.

In addition to civil damages, the dog owner may be prosecuted criminally for a dog bite as well. If the dog previously was declared dangerous and the dog attacks again without provocation, Florida Statutes provide that the dog owner is guilty of a misdemeanor of the first degree. Dogs should be properly fenced or leashed to prevent dog bites. You can read more about the Florida Statutes involving this crime at Section 767.13 at the Official Florida Statute / Florida Leglislature Web Site.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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What is a dangerous dog under Florida law? Florida actually has a statutory definition of dangerous dog pursuant to Section 767.11, Florida Statutes:

(1) "Dangerous dog" means any dog that according to the records of the appropriate authority:

(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;

(b) Has more than once severely injured or killed a domestic animal while off the owner's property;

(c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or

(d) 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, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.

You can read the entire statute at the Official Website for Florida Statutes.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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Dog bite injuries to children in Florida are problematic.

Children are often the innocent victim of a dog that is not leashed, properly restrained, or trained to be around children and others. Pit bull dog bite injuries to Florida children can be especially troublesome and can result in severe injuries including scarring. Legislators in South Florida have proposed a Florida legislative bill that would allow counties like Duval County and St. Johns County to bank Pit Bulls and other breeds. In the alternative, under this bill, a county could prohibit owners from bringing certain breeds in public. For the past 18 years, there has been a state wide prohibition on "breed specific" local regulations on dogs. There is opposition to the bill from dog owners who believe that a few bad owners and incidents are to blame for the attacks rather than the breed. You can read more about this issue at Bill Would Let Florida Cities and Counties Ban Pit Bulls and Other Breeds.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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Dogs and dog bites pose everyday hazards to the men and women who deliver the mail in Florida and the rest of the United States.

I found an article posted at the United States Post Office Official Website which provides dog bite statistics and tips for avoiding dog bites. SInce the site and information were posted by the United States Post Office, I thought it would make sense to review the site and post a link to the information. If anybody has first hand knowledge about dog bites, its the mail carrier. In 2005, over 3200 letter carriers were victims of dog bites. For more information about the statistics and advice to help avoid being the victim of a dog bite, go to Dog Bite Prevention.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets

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For the safety / good health of your pets, family, and children, it is important to keep your pets and the family dog in good health in Florida.

Thomas Lane, a Veternarian with the University of Florida, wrote a good article on Pet Care in Florida that provides a good outline for pet and dog owners to read.

Rabies is a virus disease that can be transmitted between animals and people. A dog bite is a classic example on how Rabies can be transmitted to a person if the dog is not properly vaccinated. The best way to prevent and limit the spread of Rabies is by vaccinating dogs and cats. Each county has its own regulations and registration requirements. As such, if you move to Florida or to another county within Florida, it is important to ask a local veterinarian or animal control officials as to the local county requirements.

Since a dog owner is responsible by Florida's Dog Bite Statute for the damages associated with a dog bite in Florida, it is important for each and every dog owner in Florida to vaccinate dogs, pets, and other domestic animals for both legal and safety issues.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets

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Florida counties have ordinances regarding dogs and domestic animals. There is a leash law in effect for St. Johns County Florida and other counties in Florida. You can read more about the leash law at the St. Johns County Florida Website. I live in a neighborhood where some dogs run free or have an invisible fence in place for the dog. A few neighbors have been cited by the Homeowner's Association for the failure to have a dog on a leash.

The leash laws are in place for several purposes including the reduction of stray dogs, spread of disease, and ti reduce / prevent Florida dog bites.

It makes sense that a dog leash dog would reduce the incidents of dog bites. However, you should be aware that Florida's Dog Bite Statute does not give a dog owner a defense if the dog bite took place while the dog was on a leash.

Keep your dog on a leash or in a fenced yard. This is good advice whether there is a dog leash law in your county.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Statutory References (Florida)

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Any dog can bite . . . some dogs are trained to bite and fight. In Florida and other States, the training of dogs for fighting as well as the exhibition of dog fighting events can be the basis for criminal prosecution. St. Johns County officials searched a house located in Flagler Estates - St. Johns County believed to be the site of Pit Bull breeding, training, and fighting. Numerous items were found which indicate that the site was indeed used for these purposes. The items found included food supplements used to increase the size of dogs, sticks used to separate dogs when fighting, treadmills, weights and many other items. Seized Dogs Believed to Be Training for Fighting.

Dog bite laws in Florida are clear. A person does not have to be bit by a trained fighting dog to pursue a claim or a lawsuit. In Florida, a dog owner is responsible for any dog bites. There are a few limited exceptions including ones for trespassers. If you have a question about a dog bite or related matters, it is often helpful to contact a Florida personal injury dog bite attorney about the respective rights and laws.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets

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Florida dog bites to children and others frequently involve the family dog or a neighbor's dog. According to a study (Prevention and Treatment of Dog Bites) conducted by the Mayo Clinic - Jacksonville, Florida, almost one half of Florida dog bites in Florida and other states involve the family dog or a neighbor's dog.

I have a dog myself but must keep in mind that she is an animal. My dog has a certain tolerance for harassment by my children and others but like any other animal (or person for that matter) has a breaking point.

Any bite, including a dog bite, carries a risk of infection. According to the Mayo Clinic, immediate copious irrigation or flushing out of the wound can significantly reduce the risk of infection.

Under Florida law, a dog owner is liable for a dog bite by his or her dog. Even if the dog had no prior history of aggression or bites, the dog owner is liable. Typically, homeowner's insurance policies cover dog bites. Each insurance policy and case should be evaluated by an attorney to make sure that the dog bite victim's rights are protected and enforced when necessary. If you have a question regarding the legal rights and laws relating to dog bites, please contact David Wolf at Wood, Atter & Wolf, P.A. (904) 355-8888.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets

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In Florida and throughout the United States, dogs are considered part of the family. I read a recent story about a hunter / veterinarian (John A. Farah) who shot the dog of a woman (Teresa Wingate) in Nassau County Florida. Apparently, the dog slipped under a fence and Farah shot the dog. Farah initially denied the shooting to try to avoid responsibility. He was later arrested for animal cruelty and aggravated assault. Law & Disorder - Vet Charges in Shooting of North Florida Dog.

Civil monetary damages can be pursued for the death of an animal by a shooting or other reckless behavior. Florida law generally provides that a dog is like a piece of furniture. If a dog dies as a result of simple negligence, the damages are limited to the value of a dog. In other words, a dog owner can collect that it would cost to replace the dog versus what the dog meant to the owner. On the other hand, if the death of the dog was purposeful, reckless, or malicious in nature, a dog owner can pursue damages for the associated mental pain and suffering associated with the death of a dog. As many of you are dog owners, you know how special a dog can be. The dog is a family member. In my house, the dog rules the house. She sleeps where she wants. Eats what she wants even when the food is not meant for her.

What a tragic loss for Ms. Wingate and her family.

If you have a questions about the death or injury to a dog or any other incidents involving a dog, you should contact an attorney to discuss your respective rights. Please be aware up front that the conduct needs to be reckless to recover more than just the purchase price for the dog.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets

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A tiger escaped from its cage at the San Francisco Zoo and killed one person. Three young men were observing the Tiger area at the time of the incident. One of them was killed while others tried to distract and get the Tiger off of their friend. The incident took place in California. As a guest of the zoo, the young men were entitled to a reasonable safe environment to be walk through the common walkways without attack by the Tiger or any other animals for that matter.

If the incident took place in Florida, it would make a big difference if the person was an employee or guest. If the victim was an employee, Florida worker's compensation laws would be the primary authority for the case. Typically, a death case has a cap of $150,000 for worker's compensation cases. On the other hand, if the case involved a guest, there would be no limits on a case of this nature for the wrongful death of the guest.

Jacksonville Florida has a wonderful zoo. I am not aware of any wrongful death incidents at the Jacksonville Zoo which is a well run attraction located North of Downtown Jacksonville. My family has an annual pass and we enjoy our trips to the zoo. In reading the San Francisco Zoo incident, I will be on the look out for any safety problems at the Jacksonville Zoo and report them accordingly. I know one of the Directors of the Zoo and it would be nice to help him and the Zoo avoid the tragedies like the one in San Francisco if I see any problems at our Zoo.

If you or your child has been injured at a Zoo, park, attraction or other location, please contact David Wolf - Attorney - Wood, Atter & Wolf, P.A. for a free consultation regarding the incident and your rights.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets , Wrongful Death

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Here is the full text of Florida's Dog Bite Statute:

767.04 Dog owner's liability for damages to persons bitten.--The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Statutory References (Florida)

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Florida law is quite clear on dog bite matters. Many people believe that there needs to be a prior history of aggressiveness or prior dog bites in order to file a claim / case in Florida. Whether the dog is a Pit Bull figher of a show dog Poodle, the law is the same. A dog owner is liable for the injuries caused by a dog bite regardless of the prior history of the dog. As a dog owner, I understand both the benefits and the responsibilities of owning a dog. I have the most gentle dog in the world. She gets along with children, adults, and other pets. However, she is still an animal and could bite an unsuspecting adult or child. It is best to keep in mind that a dog is an animal. Take safeguards when children are visiting. Watch out for the dangerous combination of food, children and dogs. If you have any further questions about dog bites and Florida law, Contact a Florida dog bite attorney to discuss your respective rights.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Dogs / Dog Bites / Animals / Pets

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