Florida Child Injury Lawyer Blog

Twenty month old Dallas Walters was visiting his great aunt’s home with relatives when he was fatally attacked by the family’s Rottweiler. Reportedly, the child dropped a cookie on the floor, and when he went to pick it up the dog attacked him. The child was taken to the hospital after the attack but was pronounced dead sometime after arriving. The dog was supposed to be tied up in the backyard, but got loose and wandered into the house.

The Rottweiler was a one-year old unneutered male, and officials say there is no proof that the dog was registered or had received its rabies shot. It was euthanized the day after the attack. The dog’s owners said that they had owned the animal for about two months, and that it had not previously demonstrated aggressive behavior. Dallas’s father, Andrew Walters, says that he will be pressing charges against the dog’s owners.

Large or aggressive dog breeds should never be allowed unsupervised, especially around strange children, who may scare or spook the dog and cause it to act aggressively. You can read more about this child attacked by a dog and mauled to death at Dog that killed toddler is euthanized.

If you or someone you know has been injured in a dog attack, it is helpful to have the advice, counsel, and representation from a Florida child injury lawyer. It is important for parents and guardians to be advised of the child's rights and legal options when there are serious injuries or death resulting from a dog bite incident.

In the Summer of 2009, a Florida snake trapper, Justin Matthews, of Bradenton, Florida, purchased a snake. Then, he staged a trapping of the snake and alerted the police and media. Mr. Matthews wanted to make himself out as a hero by capturing the snake in a drainage pipe near a school or day care center. Mr. Matthews' plans backfired on him when an investigation determined that the snake was actually previously purchased by Matthews and the whole event was staged. The trapping hoax cost the tax payers money and also may have put some children or others at risk if the snake escaped. The police resources as well as the media resources put out by this hoax would have been better used for people who really needed help. Mr. Matthews was recently charged with a felony (misusing the 911 emergency system) and a misdemeanor (maintaining wildlife in an unsafe manner).

Matthews was arrested Wednesday. He was charged with a third-degree felony for allegedly "misusing a 911 emergency system" and a second-degree misdemeanor for maintaining "captive wildlife in an unsafe manner - resulting in threats to the public's safety." You can read more about this story at Snake Trapping Hoax Results in Criminal Charges - Bradenton, Florida.

A German Shepherd K-9 unit escaped from Sarasota, Florida Police Officer Sean Gleason and attacked 12-year-old Angela Berk as she rode down the street on an electric scooter. The girl required 14 stitches in her right leg. She was unable to take pain medication because of the interaction with her medication for utism. The dog was allowed to continue working as a K-9 unit until he was retired for old age some time later.

The city offered the family a $15,000 settlement, but the child’s father, Ray Berk, declined the offer and filed a lawsuit asking for more money. Her lawyers noted that her developmental disability makes it more difficult for her to get past the trauma of the event.

Police officers acting as K-9 unit handlers have a responsibility to keep their dogs restrained and under control at all times. The officer was apparently negligent in his duty having left the door of his car open while the dog was unrestrained in the back seat.

Find out more about this story at Police dog attack on child inspires lawsuit.

In Florida and other States, the family pet or dog often time causes serious personal injuries to children. Some family pets are indoor / outdoor dogs and are family members. It should still be noted that they are still animals. As such, dogs can bite even if they have not history of aggression or bites. Other dogs are outdoor / outside dogs. Some are allowed to roam around the property. Others are chained. Whatever the living arrangements for the dog, there is a danger to children when dogs are present. Some believe that certain breeds of dog are more dangerous than others. I believe the danger of a dog depends on the dogs breed, upbringing, living environment, and other factors. In Gilchrist County, Florida, a 3 year old suffered serious personal injuries when the boy was bitten by the family's pit bull dog who was on a chain outside. The Gilchrist County Animal Control took possession of the animal and are investigating the incident. You can read more about this dog attack at Gilchrist County, Florida Boy in Critical Condition Following Pit Bull Attack.

In South Florida, a 7 year old girl suffered serious personal injuries when an Iguana bit her foot. Just prior to the Iguana attack, the girl was feeding the Iguana strawberries. Iguanas are not known for attacking humans / children according to Wildlife officials; however, Iguana like dogs are animals. As such, the actions of an Iguana cannot be predicted with certainty. It is possible that the Iguana thought that the foot of the girl (Madison Wells) was a food item. The injuries required 23 stitches and caused some damage to Madison's tendons. You can read more about this story at Iguana Bites Girl in South Florida.

St. Johns County (Florida) Animal Control recently put down two Pit Bulls who were involved in prior dog attacks in August 2009. The owner of each dog did not appeal the decision. St. Johns County Animal Control has the duty and responsibility to investigate dog attacks and enforce animal control ordinances for St. Johns County / St. Augustine, Florida. One of the dog attacks involved serious facial injuries (personal injuries) to a 10 year old boy. The other dog attack involved a woman who was walking with her Chihuahua dog. You can read more about this story at Pit Bulls Put Down Following Serious Dog Attacks in St. Johns County, Florida.

Getting publicity can come back to bite you. In Bradenton, Florida, a snaker trapper claimed that he trapped a Python snake near a day care center. The fact of the matter is that Justin Matthews, supposed hero for protecting children and others from this snake, is actually, in my opinion, a zero. Mr. Matthew staged the event. State wildlife investigators determined that Mr. Matthews had concocted the story line of the his heroic capture. Mr. Matthews did not expect the story to get so much attention and press.

It would appear that Mr. Matthews staged the event to get publicity for his business and try to add some focused attention on his claimed expertise and skills in capturing snakes.

Mr. Matthews should not have staged the event or incident especially if it put any children or others at risk whatsover. What if someone got hurt during this stunt? What if the snake escaped while under Mr. Matthews' watch? What about the emotional trauma or fear that the snake may have caused for children and others in the area of the faked or staged snake capture?

You can read more about this story at Snake Capture Was Staged Near Day Care Center in Bradenton, Florida.

Parents should think twice before accepting large snakes as "pets" in their homes. In Oxford, Florida, a mother and her boyfriend were recently charged with Manslaughter, third degree murder, and child abuse surrounding the July 1st death of Shaianna Hare, age 2. In Florida and other States, a parent or caregiver can be charged with a crime for being reckless or showing a disregard for the health, safety, and well being of a child. It appears that safety precautions were not taken or in the alternative were inadequate to protect a small child from the strangling and overwhelming powers of a python snake. Whether a pet is a dog or a snake, pets can kill and safety precautions should be taken to protect children. You can read more about this story at Mother and Boyfriend Charged with Crimes - Death of 2 Year Old from Python Strangulation.

In St. Augustine, Florida, a woman and a 10 year old boy suffered personal injuries in two separate Pit Bull dog attacks. The boy was with his father visiting an acquaintance. The boy began petting the dog. The adults left the boy alone with the dog. Minutes later, the dog was observed to be mauling the boy. It is uncertain what triggered this dangerous and potentially deadly behavior of this dog. The boy was airlifted to Shands Jacksonville Hospital for injuries to his neck and right arm.

The second incident involved a woman who was walking with her small dog (a Chihauhua). The Pit Bull broke free of its collar and then bite the woman.

Both Pit Bulls have been quarantined following the attacks. If prior attacks were reported or documented, the St. Johns County Animal Control may recommend that the dogs be put down.

In Florida, a dog bite victim does not have to prove negligence or fault of the dog owner for dog bite related injuries. Dog owners are strictly liable for injuries caused by dog bites. There are some exceptions to this general rule, but (for the most part), a dog owner is liable. When a dog bite takes place, there are many legal issues that arise including the existence and amount of homeowner's or liability insurance, medical bills, medical treatment, and other issues.

You can read more about these unfortunate Pit Bull attacks at St. Augustine, Florida - A 10 Year Old Boy and Woman Attacked in Separated Incidents by a Pit Bull.

In Madeira Beach, Florida, a 5 year old boy, Jason Melitshka, suffered serious personal injuries after being bitten by a Pit Bull. The dog is owned by a family friend. As the boy walked into the apartment, the dog pounced on the 5 year old and bit the child at least two times before letting go. Jason was later treated at All Children's Hospital. You can read about this story at Madeira Beach, Florida 5 Year Old Bitten by Pit Bull Dog.

Children like Jason have legal rights when they are injured by a dog. Florida provides for Strict Liability for dog bite injuries. In other words, the owner of a dog is liable for injuries caused by a dog even if the dog had never bitten before. In addition, a dog owner is liable for a dog bite injury regardless of breed or the dog's history of viciousness or danger. There are some rare exceptions to this general rule if the child is trespassing and for other rare occurrences.

Many questions arise in a dog bite injury case in Florida. Who is responsible for the personal injuries and scars caused by the dog bite? Who is going to pay the medical bills? Is my child entitled to compensation for pain and suffering as well as future medical care?

The dog owner is responsible for the dog bite injuries. Hopefully, there is homeowners or renters insurance in place that provides coverage for dog bite injuries. Many insurance policies exclude such incidents from coverage. Unfortunately, many renters in apartments have no coverage whatsoever for such incidents.

When a child is bitten by a dog, it is helpful to have the advice, consultation, and representation from a Florida Child Injury Lawyer to help the parents and caregivers answer and deal with the above questions and issues.

An autopsy of Shaianna Hare, a 2 year old girl from Oxford, Florida, revealed that she died from asphyxiation by a Burmese Python snake. It was a tragic death that could have been prevented if the snake was placed in a more secure environment. The snake is still alive after it was treated for stab wounds inflicted by the owner to remove the snake from the girl. A criminal investigation is underway. No criminal charges have been filed as of yet. You can read more about this story at Autopsy Confirms that Snake Asphyxiated 2 Year Old Girl Causing Death.

The owner of the snake did not have a license for the snake. There are also questions as to the type of living environment used to house the snake. When a person commits to own any exotic animal or domestic animal for that matter, precautions must be taken to protect children from being harmed by the animal.

In Oxford, Florida (Sumter County), a 12 foot long Burmese python snake broke out of its aquarium and strangled Shuannia Hare, a 2 year old girl. The snake's owner, Charles Jason Darnell, discovered that the snake was out of the aquarium and found the snake on the 2 year old girl. The girl had bite marks on her head. It was reported that Mr. Darnell did not have a permit for the snake. It is uncertain from reports how Mr. Darnell obtained possession of the snake. It is certainly tragic that a 2 year old girl died from a snake strangulation while in her own home. You can read more about this story at Escaped Pet Python Strangled Two Year Old Girl.

Any business or homeowner in possession of a snake should make sure that the snake is contained in a safe, secure aquarium, cage, or container. Snakes should be safeguarded away from children and in a place that cannot be accessed by children or pets.

Florida has its fair share of wildlife including snakes. Weather changes and construction often times bring snakes out of the hidden and on the move. A high school basketball player was bit when he went to get a ball that had rolled into the bushes. The pygmy rattlesnake bit Jonathan Yokel, age 16, on his hand. He was later treated at a Tampa hospital. Snake bites are painful and, at times, can be fatal. Jonathan was given 14 vials of antivenin and other medications at the hospital. Hopefully, he will have a full recovery from this snake bite. You can read more about this story at Florida Teenager Bitten by Pygmy Snake While Playing Basketball.

In Palm Coast, Florida, residents and visitors are subject to the Code of Ordinances for the City of Palm Coast, Florida. Pursuant to Chapter 8, Animals, Article III, Confinement of Dogs, Section 8-63, a dog owner has a duty to have a dog on a leash in residential and public places when the dog is off of the owner's property. The leash shall not be longer than 5 feet in length.

You can read more about the City of Palm Coast, Florida dog leash provisions and other sections pertaining to Dogs at the City of Palm Coast, Florida Ordinances.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

In Sumter County, Florida, residents and visitors are subject to the Code of Ordinances for Sumter County , Florida. Pursuant to Chapter 4, Animal Control, Section 4 - 10 - Dogs and Cats Running at Large - a dog owner has a duty to keep dogs from "running at large" when in or upon any public street, sidewalk, or other public property of another. A dog owner must keep his or her dog pursuant to Section 4 - 4 - Definitions under Direct Control which means restraint or control by a fence, leash, cord, or chain sufficiently to restrain the dog.

You can read more about the Sumter County, Florida dog leash provisions and other sections pertaining to Dogs at the Code of Ordinances for Sumter County.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

In Lake City, Florida, residents and visitors are subject to the Code of Ordinances for Lake City, Florida.

Pursuant to Chapter 14, Animals, Article II Animal Control, Section 14-47 -Dogs, Cats, Potbellied Pigs Constrained by Leash in Public Areas, it is unlawful for the owner or person having custody of any dog, cat, pottbellied in a public park or public property unless the animal is on a leash.

You can read more about the Lake City, Florida dog leash provisions and other sections pertaining to Dogs at the Code of Ordinances for Lake City, Florida.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

In Marion County (Ocala, Silver Springs) Florida, residents and visitors are subject to the Code of Ordinances of Marion County, Florida. Pursuant to Chapter 4, Animal Control and Enforcement, Section 4-4 - Control of Animals, every dog owner has a duty to keep his or her dog under restraint. A dog owner is required to take reasonable precautions to prevent the dog from leaving the owner's property. Reasonable precautions would include humane confinement in a house, building, fence, crate, pen or other enclosure. Reasonable restraint also includes humanely securing the dog by chain, cable, trolley, rope or other device. Reasonable restraint also includes the use of a leash. A dog owner is also required to take similar reasonable precautions as to restraint when the dog if off of the owner's property.

You can read more about the Marion County (Ocala, Silver Springs) Florida dog leash provisions and other sections pertaining to Dogs at the Code of Ordinances for Marion County, Florida.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

A very serious and tragic dog bite incident took place in Dixie County, Florida. A pack of dogs mauled a 22 year old developmentally delayed woman. Witnesses reported that at least 6 dogs attacked the woman in the roadway in the 100 block of North East 85th Street in Old Town (Dixie County) Florida. The woman survived the attacks but will need a number of surgeries and will certainly have scarring (both physical and psychological) as a result of this dog attack. The Dixie County Sheriff's Office reported that the victim had injuries to her head, face, neck, abdomen, chest, arms, and legs. Apparently, the dogs were not leashed and not under the control of their owners who were reported to be owned by Jacqualine and Elizabeth Edgell.

In Florida, dog owners are held strictly liable dog bites by their dogs under the Florida Dog Bite Statute. There are a few exceptions to this general rule. Unlike some other States like Georgia, there is no requirement that a dog bite victim prove the the owner knew or should have known about the dangerous propensities of the dogs. Furthermore, negligence is not required to pursue a civil claim or case for dog bite personal injuries.

Even though prior notice of an attack or viciousness is not required, prior notice does make a case more compelling. There may have been another incident involving the Edgells's dogs in the past in 2007.

The Dixie County Animal Control confiscated three bulldogs, four mixed breed dogs, and eight puppies in response to this incident. The victim is being treated at Shands Jacksonville - Hospital.

You can read more about this story at 22 Year Old Woman Mauled by Pack of Dogs in Dixie County, Florida.

In Flagler County (Palm Coast, Flagler Beach, Bunnell) Florida, residents and visitors are subject to the Code of Ordinances of Flagler County, Florida. Pursuant to Chapter 5 Animals, Article III - Confinement of Dogs - Section 5-63 Leashes Required in Public or Residential Areas - a dog owner is required to have his or her dog on leashes when the dog if off the owner's property and in a public or residential area.

Flagler County has a very good dog leash law in that it is very specific. There should be no question as to the requirements of a dog leash in Flagler County, Florida.

You can read more about the Flagler County (Palm Coast, Flagler Beach, Bunnell) Florida dog leash provisions and other sections pertaining to Dogs at the Code of Ordinances for Flagler County, Florida.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.

In Leon County (Tallahassee) Florida, residents and visitors are subject to the Code of Ordinances of Leon County, Florida.

Pursuant to Chapter 4 - Animals - Article II - Animal Control - Section 4-35 - Running At Large, a dog owner has a duty to maintain direct control and possession of the dog while the dog is off of the property of the dog owner. Direct control is defined as immediate continuous physical control of the dog by a leash, cord, or chain. Direct Control requires that the dog be controlled by a person capable of restraining the dog or that the dog is controlled by a safe and secure restraint within a vehicle. Sporting and police dogs are not subject to these regulations.

You can read more about the Leon County (Tallahassee) Florida dog leash provisions and other sections pertaining Animals At Large at the Code of Ordinances for Leon County, Florida.

If a child is bitten by a dog (on or off a leash), the dog owner, under Florida Law, is responsible for the damages caused by the dog bite including but not limited to medical bills (past and future), pain and suffering, and loss of enjoyment of life. If you have a question about a Florida dog bite and the related personal injuries to a child, it is important to have the advice, counsel, and legal representation of a Florida Child Injury Lawyer.