Florida Child Injury Lawyer Blog

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.

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 , Medical Care & Health Issues

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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.

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

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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.

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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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.

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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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.

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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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.

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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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.

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

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

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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.

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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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.

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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In Bradford County (Starke) Florida, residents and visitors are subject to the Code of Ordinances of Bradford County, Florida. Pursuant to Chapter 10 - Animals - Article II - Animal Control - Section 10-38 - Animals At Large - Owners' Responsibilities, a dog owner has a duty to keep his or her dog from being an animal at large while the animal is off the dog owner's property. Pursuant to Section 10-31 - Definitions, an animal at large includes a dog that is not under the control, custody, charge or possession of the dog owner by leash, chain, effective voice control, secure fence, or other means of confinement or restraint.

Based on the language of the Ordinance, it does not appear that there is a strict dog leash policy if the dog is obedient to the owner's commands. Other County ordinances are more clear as to the necessity and requirement for dog leashes when the dog of off the owner's property.

You can read more about the Bradford County (Starke) Florida dog leash provisions and other sections pertaining the Animals at the Code of Ordinances for Bradford 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.

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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In Columbia County (Lake City) Florida, residents and visitors are subject to the Code of Ordinances of Columbia County, Florida. Pursuant to Chapter 18 - Animals - Article III - Animal Control - Section 18-784 - Animal Restraint, a dog owner has a duty to confine the dog to the property owned by the dog owner. When the dog is outside of the property owned by the owner, the dog owner had a duty to keep the dog under proper restraint and control. Under the Ordinance, restraint is defined as
controlled by a leash OR under the control of a competent person and obedient to the person's commands. Based on the language of the Ordinance, it does not appear that there is a strict dog leash policy if the dog is obedient to the owner's commands. Other County ordinances are more clear as to the necessity and requirement for dog leashes when the dog of off the owner's property.

You can read more about the Columbia County (Lake City) Florida dog leash provisions and other sections pertaining the Animals at the Code of Ordinances for Columbia 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.

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 , Statutory References (Florida)

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In Alachua County (Gainesville, Archer, Alachua, and Waldo) Florida, a dog owner can be criminal prosecuted for a dog bite for violations of Section 72.18 - Alachua County Florida Animal Services Ordinance.

If a dog had not been previously determined to be a dangerous dog but the owner knew about the dangerous propensities of the dog and was reckless in its supervision and control of the dog, then the dog owner may be prosecuted for a second degree misdemeanor. A dog owner can even be prosecuted as a felony when the injuries are serious and the dog had been previously designated as a dangerous dog.

You can read about the consequences to a dog owner after a dog attack and other provisions and other provisions of the Ordinance at Alachua County, Florida Animal Services Ordinance.

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

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

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In Alachua County (Gainesville, Archer, Alachua, and Waldo) Florida, residents and visitors are subject to the Alachua County Animal Services Ordinance pursuant to Chapter 72 - Animals. A dog owner has a duty under Section 72.12 to maintain "physical control" of the dog when the dog is off the owner's property. "Off the owner's property" includes streets, parks, public property, and private property of others. What is "physical control"? This means immediate and continuous control through the use of a leash or continuous control through the use of an enclosure. The Alachua County leash law serves to protect adults, children, the dog, and other dogs. While many people view their dogs as harmless and docile animals, all people should keep in mind that dogs are animals and, at times, are provoked by instinct or other reasons to attack people and / or other animals. The safety of children in Alachua County, Florida including Gainesville is best served by dog owners who obey and follow the Alachua County Animal Services Ordinance. You can read about the Alachua County, Florida leash law and other provisions of the Ordinance at Alachua County, Florida Animal Services Ordinance.

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.

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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Jacksonville (Duval County) Florida - Are dogs required to be licensed and vaccinated? The simple answer is Yes. Pursuant to the City Ordinance for Jacksonville, Florida, dogs must be vaccinated for rabies. All dogs must be licensed and the license must renewed every year.

These licensing and vaccination requirements are for the safety and protection of the general public, the dog, and dog owners. Having up to date vaccinations and licensing helps reduce stray dogs without up to date vaccinations in the community. You can read more information about Jacksonville's licensing and vaccination requirements at the City of Jacksonville Florida - Aninal Care and Control Website.

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

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

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Florida children are the unfortunate victims of dog bites. Florida children get bit by stray dogs, neighbor's dogs, guard dogs, and, yes, their own dogs as well. I typically tell my children and others that dogs can be unpredictable animals. No matter how much you love the dog - the dog still may have a propensity to bite for good reason for no reason at all. That is why the State of Florida makes dog bites a strict liability injury. In other words, a person does not have to show that the dog was dangerous or previously bit a person. There is no one free bite rule in the State of Florida. Barring limited exceptions, a dog owner is liable for a dog bite.

A 6 year old Deltona, Florida boy was the unfortunate victim of getting bit by his family's dog. In this case the dog was a Rottweiler which is a breed that has a reputation for frequent dog bites. Nevertheless, the dog was the family dog and is an incident that can happen in any household with any dog. This story was reported by the Daytona Beach News Journal and the Associated Press at Boy Attacked by Family Dog in Deltona Florida.

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

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

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A nine year old Orange County Florida boy was recently bit by a pit bull and bull dog mix dog in the Southchase neighborhood. The boy had been playing with some darts when one fell into the neighbor's yard. The boy opened the gate where the dog was kept and then got scared and started to run. The dog then took chase and bit the boy in the face. The boy was later treated at Arnold Palmer Children's Hospital in Orlando, Florida. Arnold Palmer Children's Hospital and other children's hospitals in Florida treat thousands of child dog bite injuries every year. Due to complications that may result from dog bites in the form of excessive bleeding, infection, and scarring, it is important for parents and caregivers to get immediate medical attention for dog bite injuries to Florida children. You can read more about this dog bite story at Orange County, Florida Nine Year Old Bitten in Face By Dog.

The above dog bite incident illustrates a couple key points when evaluating a dog bite incident. It is important for children to remain calm when faced with a situation with a dog. Personally, I was bitten in a leg by a neighbor's German Shepherd when I got scared and started to run. Running was a big mistake on my part but I was just a kid and did not know any better. Was the boy welcomed at the neighbor's house or was he trespassing? Did the neighbor have Beware of Dog signs posted?

In Florida, a dog owner is responsible for injuries caused by a dog bite even if the dog had not bitten a person in the past. There are some exceptions for trespassers. The nine year boy above may have been considered a trespasser if he had not been given permission to open the gate or to step on the property of the neighbor. If the neighbor had given express or implied permission for the child to be on the property then the child may not be considered to be a trespasser.

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 Baker County (Glen St. Mary and Macclenny) Florida there is an Animal Control Ordinance in place under County Ordinance 2002 - 06 Section 7 - Animals at Large - Owner's Responsibilities, any owner of an animal (including dogs) other than a cat has a duty to maintain control of the animal while the animal is on public property or on the private property of another person or entity. There are some exceptions including those for hunting activities.

If there is a problem with an "At Large" dog or a dangerous dog, you can contact the Baker County Animal Control Department for more information about local ordinances and the enforcement powers of the Baker 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 Baker County Leash Law or other Animal Control Ordinances for other Florida cities / counties, please contact me.

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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Children suffer serious personal injuries and, at times, death as a result of dog bites every year in the State of Florida. I located a very informative website called www.dogsbites.org which is a education web site about dog bites and the dangers of certain breeds of dogs in the United States. The site has a good deal of information of the dangers of Pit Bulls, Chow Chows, Rottweilers, and Wolf Hybrid breeds. There is a public debate on the issue of dangerous dogs created by breed, environment, or a combination of the two. dogsBites.Org and many other safety advocates recommend a ban on certain breeds including Pit Bulls.

dogsbites.org reports that dog bites can be very traumatic for children. Due to the short height of most children, facial wounds and injuries are very common. For serious dog bite incident, multiple surgeries may be necessary which may include several skin grafts and reconstructive surgery.

According to the Center for Disease Control, injuries from dog bites include puncture wounds, lacerations, contusion wounds, fractures, amputations, and complications due to infection.

Visit dogsbite.org and educate yourself about various dog breeds, tragedies that have taken place nationwide, and safety measures to take to protect your family and children.

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Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Wrongful Death

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The Centers for Disease Control and Prevention that over 4 million people are bitten by dogs every year in Florida and the rest of the United States. Of these dog bite incidents about 800,000 require medical attention. Since over half of dog bites occur on the owner's property, homeowners and homeowner's insurance carriers need to address or deal with the vast number of claims and lawsuits that result from dog bite incidents. In Florida, a dog owner is strictly liable for the injuries resulting from a dog bite. There are some rare exceptions to this rule, but, generally, the dog owner is liable. It is important for all dog owners to check with their homeowner's insurance carriers / companies to make sure that there is coverage under the policy for dog bites. I was recently contacted by the father of a young girl who was bitten by a dog. The "good news" was that the dog owner had homeowner's insurance coverage. The "bad news" was that there was a dog bite exclusion. In other words, the insurance policy had an exclusion or exception for dog bites. As such, there was no liability insurance in place for dog bites. If you or your child has been bitten by a dog, it is important to retain a Florida Child Injury Lawyer to determine the legal options, coverages / exclusions under the homeowner's liability insurance policy, and other legal issues.

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

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Children are at risk for choking on food items and foreign objects due to physical and developmental factors. Choking can result in a transient or temporary event that causes no significant injuries. In other cases, choking can result in serious airway obstruction or blockage that can lead to permanent brain damage or death.

Children, especially those 5 and younger, need to be closely supervised and monitored. Food items can cause a child to choke. In addition, small foreign objects like coins, buttons, small toy parts, and other common items can cause choking incidents as well. Prevention is key to reduce the incidents of choking. When a choking incident does happen, timely response to vital to protect the health, safety and welfare of the child. A personal injury claim on behalf of a Florida child can be pursued if there was negligence in allowing the child to ingest the dangerous food item or foreign object OR if there was a serious delay in responding to the emergency situation involving a choking incident.

The Center for Disease Control (CDC) has conducted and published studies relating to choking incidents involving children. In 2001, over 17,000 children under the age of 14 were treated in emergency rooms for choking problems and complications. More than half of the incidents involved food items.

Almost 20 % of choking incidents requiring emergency room treatment involved candy items. Some involve hard candy and some involve soft candy like Gummy Bears.

Kids are still ingesting coins which accounted for approximately 18 % of emergency room visits in children between the ages of 1 and 4. You can read more about the CDC Study and Findings at Choking Incidents - Emergency Room Visits and Injuries.

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Posted In: Child Safety , Day Care Centers and Child Care , Dogs / Dog Bites / Animals / Pets , Education Law

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The American Academy of Pediatrics released a report that advises parents of young children of the hazards of owning exotic animals like baby chicks, lizards, hamsters, and other animals. Young children are at risk for infection and disease because of their developing immune systems and the frequency in which children put their fingers in their mouths. The report advises parents of children younger than 5 from owning these kind of pets. You can read more about this report at Doctors: No hamsters or exotic pets for young kids.

While the report does not recommend that families get rid of the family dog or cat, injuries do occur with domestic animals. Even the most tame of dogs is still an animal and will, at times, bite when provoked or even when unprovoked. A dog bite injury can have a devastating impact on a child who, because of the dog bite injury, may need the services of an emergency medicine doctor, neurologist, infectious disease expert, and / or a plastic surgey.

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Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues

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A Palm Coast, Florida teen, Samantha Schleh, age 19, died while standing on State Road A1A. Samantha and her friend, Michael Griffin, were trying to direct traffic and vehicles away from a dog that had been hit by a car. From news reports, it is difficult to determine if the incident was avoided or not. What was the lighting in the area? What was the speed limit in the area? What were road conditions? What were traffic conditions? How did the dog get hit to begin with? Was the dog a stray or owned by somebody? It is most unfortunate that a young woman (Samantha Schleh) lost her life especially while she was trying to do a good deed. The Florida Highway Patrol will evaluate the incident and prepare a homicide report as to the contributing factors and causes of the death of Samantha Schleh. See Palm Coast Florida Teen Dies While Trying to Help Injured Dog.

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

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A Pit Bull in Orange County, Florida near Apopka critically injured a 6 year old boy. The boy was playing with the neighbor's dog when the incident took place. The injuries were so severe that the boy was rushed to Orlando Regional Medical Center via medical helicopter. The Orange County Animal Services department will quarantine the dog for 10 days and complete an investigation.

Pit Bulls are frequently mentioned in news reports as "fighting dogs" and as "dangerous dogs". The United States Center for Disease Control and Prevention conducted a study and determined the Pit Bulls are the breeds of dog most often involved with fatal dog attacks. Based on these statistics and general concern for the safety and well being of children as well as adults, many local government entities have banned Pit Bulls as a breed. You can read more about Pit Bulls and their breeds, attacks, and banning atPit Bull - A Comprehensive Analysis.

Florida law makes a dog owner liable for any injuries caused by the dog even if the dog had no prior dog bites, propensities, or indications for aggression or violence.

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

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An Appeal Courts recently upheld the criminal conviction of a dog owner whose dog mauled the neighbor to death in California. The personal injuries and wrongful death of Diane Whipple from a dog attack were truly tragic. The dog owners adopted the dog from a state prison inmate who was a member of the Aryan Brotherhood. The plan was to open a guard dog business called Dog O War. The dog owners later adopted the prison inmate as their son. As the vicim, Diane Whipple, was returning home one day with her dogs, the "guard dogs" (weighing 150 and 130 pounds respectively) attacked Ms. Whipple and bit her 77 times. Ms. Whipple lost 1/3 of her blood and died. The owners, Marjorie Knoller and Robert Noel, were convicted of second degree murder. This conviction was upheld. With dog ownership comes responsibility, civil liability, and in some cases - criminal convictions. You can read more about this case at Murder-By-Dog Conviction Upheld.

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

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Service dogs help better the lives of Autistic Children. One prime example is Charlie who is owned by friends in California. Charlie was bred and trained by a wonderful organization called the North Star Foundation in Stors, Connecticut. You can read all about Charlie and his adventures at my friend's blog - Charlie the North Star Dog. The North Star Foundation places service dogs with autistic children and special needs children to promote the social skills and other life skills for the child. According to the North Star Foundation Web Site, "We believe there is no better way to teach tolerance than through the eyes of a puppy being trained to help a child find their way to a happy and healthy tomorrow."

I believe that everybody could learn a thing or two about life with a service dog. Hopefully, Charlie the North Star Dog will have years of happy adventures in the future as he betters this world one bark at a time. There is an article about Charlie the North Star Dog and other service dogs at American Kennel Club Gazette - Picking the Lot - Service Dogs Enter A New Specialty - Helping Autistic Children.

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Posted In: Autism , Child Safety , Dogs / Dog Bites / Animals / Pets , Special Needs Children

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Florida has specific laws in place as to dog bites. Whether a dog is small, medium, or large, the dog owner is liable for dog bite and related injuries. It does not matter if the dog had been the most gentle dog in the world prior to the bite or attack. The dog owner is generally liable. In most instances, the Florida dog bite injuries are insured under homeowner's insurance. Some companies have a dog bite exclusion in the policy. As such, all dog owners should review their homeowner's insurance policy with their insurance agent to make sure that there is coverage. If your homeowner's insurance company does not want to provide dog bite coverage, you may want to consider going with another insurance company. Children should be taught to ask an adult before approaching or petting any dog.

An experienced Florida Child Injury Lawyer / Attorney can guide you through insurance policies, medical bills, medical treatment, and other legal matters involving a dog bite injury.

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

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

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Automobile accidents are every day occurrences in North Florida which includes Jacksonville and St. Augustine, Florida. These include rear end accidents, improper left turns, and running of stop signs. Horse drawn carriage accidents are far less common. Recently, a horse drawn carriage overturned in St. Augustine, Florida causing personal injuries to the passengers. Some of the passengers were visually impaired. The carriage actually overturned and pinned the passengers for a time period. Three of the passengers were taken to Flagler Hospital. Avalon Carriage Company operated the horse drawn carriage. Typically, the horse drawn carriages do not take the U Turns of the nature that was taken at the time of the incident.

In Florida, cases of this nature (while uncommon) are evaluated on the same standards as an automobile accident case. Was there negligence on the part of the driver / owner of the carriage that caused or contributed to the incident? A Jacksonville / St. Augustine Personal Injury Lawyer / Attorney can assist with these and other issues involved with a case of this nature.

In addition to considering liability issues, insurance will be an issue in handling a case of this nature. What type of liability or business insurance did Avalon Carriage Company have in place? It would appear that the City of St. Augustine would require carriage companies to have liability insurance in order to operate within city limits and to get a permit to conduct such a business. You can read more about this incident at Carriage Overturns in St. Augustine Florida - Three Taken to Flagler Hospital.

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Posted In: Attractions & Theme Parks , Automobile Accidents , Dogs / Dog Bites / Animals / Pets

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Posted In: Dogs / Dog Bites / Animals / Pets

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Pit Bulls are powerful and sometimes vicious dogs. A Jacksonville woman was walking her small dog when she passed a home with two Pit Bulls. The Pit Bulls escaped the fence and began attacking the woman and her dogs. The victim did not have life threatening injuries but did have dog bites to her leg and her dog. The Florida Times Union reported this story at- >Pit Bull Attacks Jacksonville Florida Woman Walking Her Dogs.

This story shows the importance of securing all dogs within a fence for the safety of others including adults, children, and other pets.

Florida's Dog Bite Statute covers any dog that bites a person. Whether a person is bite by a Pit Bull or a Poodle, liability is still the same under the statute.

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

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Dogs are part of American society. I grew up with dogs and have a great dog in my home. Whether a dog is a pure bred or a mutt like mine, a dog is still an animal.

When a dog is put near food, stress or a new situation, a dog may end up biting a child. The Humane Society Web Site has published tips on avoiding dog bites.

As a child, I was bitten two times by a dog. Each time I ran away from a charging dog. I made a mistake each time. I would have been far wiser for me to stand still rather than run. I was lucky enough to heal from my wounds with only an ER visit and a few small sticthes. Other children are not that lucky and are scarred and more serious injured every day. Over the years, I have handled a number of dog bite cases from minor injuries to significant scarring and infection form the bite. Review the Humane Society Prevention Tips with your child. If your child has already been bitten by a dog and you need advice and guidance. Contact a medical professional for medical care including medications, infection control, and revision surgery. Contact a Florida Dog Bite Attorney for issues relating to medical bills, pain and suffering and compensation.

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Posted In: Dogs / Dog Bites / Animals / Pets

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