Dog Bite Injuries

Homeowner Liability in Florida Dog Bite Cases

September 15, 2022 | Associates and Bruce L. Scheiner

The recent deadly dog attack on a Florida mail carrier highlights the responsibility of pet owners, regardless of whether an attack occurs on a pet owner’s property.

According to news reports, the mail carrier was on her delivery route when her vehicle broke down in Putnam County. She was attacked by five dogs. Witnesses rushed to her aid, tried to pull the dogs off, and even fired a rifle in an attempt to scare the dogs away. She was taken to the hospital, but died the next day. Neighbors said the dogs were known to be mean and frequently escaped from a fenced area of their owner’s property, once killing another small dog. They said the 61-year-old mail carrier was known for leaving apples with the mail.

Dogs chasing the mailman is a cliche that is sadly rooted in fact. The United States Postal Service reports mail carriers are frequent victims. Last year, more than 5,400 mail carriers were attacked, with more than 200 of those attacks occurring in Florida.

COVID Christmas and “Man’s Best Friend”

December 6, 2020 | Associates and Bruce L. Scheiner

So it’s COVID and it’s Christmas and you’ve decided to get a dog. While man’s best friend can bring years of love and enjoyment for single older adults and families alike, dogs are highly individualistic, and have certain breed characteristics that make them more or less suitable to a particular home.

Kids and dogs are as Americana as Norman Rockwell. But, unfortunately, they are also victimized by dog bites at an alarming rate. Some 4.5 million dog bites occur in the United States each year, and 800,000 of those bites result in medical care, according to the Centers for Disease Control and Prevention. About 1 in 70 people are bitten by a dog seriously enough each year to require medical attention.

Our personal injury lawyers in Fort Myers and Cape Coral know dog bite injuries involving children can be particularly serious. Toddlers are most often victimized. Scarring and emotional issues often impact self-confidence and child development. Frequently, a family dog or close friend or family member’s pet is responsible. While these are always emotional cases, it’s important to understand that a homeowner’s insurance policy is typically liable for damages, usually with a limit of $100,000 to $300,000.

COVID-19 Increases Pet Adoptions in Southwest Florida

March 24, 2020 | Associates and Bruce L. Scheiner

The COVID-19 pandemic has sparked a significant increase in the number of fostered and adopted pets in Southwest Florida.

The New York Times reports animal shelters across the country are seeing increased interest in pet fostering and adoption. From a practical standpoint, spending weeks working from home can be a perfect time to introduce a new pet into the home and get past the worst of the house and obedience training. However, our injury lawyers in Fort Myers and Cape Coral urge you to do your homework before bringing a new pet into your home. Particularly if you have small children, choosing a pet can have a significant impact on risk of injury.

While the pandemic has most of us familiar with the workings of the Centers for Disease Control and Prevention in Atlanta as it relates to combating the flu and other viruses, the agency conducts research on a broad range of health topics, including pet ownership.

Dog-Bite Prevention Week Highlights Risks in Florida

April 10, 2019 | Associates and Bruce L. Scheiner

Florida has the second-highest rate of dog bite injuries in the nation, according to State Farm insurance data.

Dog bite prevention week is April 7-13 and is a good time to talk to your family members about staying safe around dogs.

Young children are at highest risk of dog bite injury. Our injury lawyers in Cape Coral and Fort Myers know these can be extremely serious cases, often involving facial injuries and scarring that can lead to long-term trauma and emotional problems for young victims.

WINK News reports a fifth-grader was attacked by a pit bull in Belle Glade recently. The boy was reportedly bitten at least 10 times on the face. A separate dog-bite incident in Cape Coral resulted in a child needing 31 stitches on his face.

Landlord Liability for Dog Bites in Florida

July 8, 2017 | Associates and Bruce L. Scheiner

Dogs can be our best friends – but also the source of legal liability if they bite someone undeserving.

Florida law establishes a system of strict liability when it comes to the responsibility of the owner to cover damages caused when their dog bites someone – even if the dog had never bitten anyone else before or previously showed aggression or viciousness. However, with landlords, it is a bit different.

You may have noticed that some landlords are reluctant to rent to tenants who have dogs – or certain types of dogs – and that is due to concern that if the dog injures somebody, the landlord could be found legally responsible. However, it’s not as cut-and-dried as it is for the dog owner. Continue reading ›

Public Duty Exception Raised as Defense in Wrongful Death Dog Bite Lawsuit

June 22, 2017 | Associates and Bruce L. Scheiner

While nearly 10,000 dog bites every year in the U.S. require emergency medical treatment, only a small percentage are fatal. According to DogBites.org, at least 31 people died in dog bite-related incidents last year.

In a recent wrongful death lawsuit before the Supreme Court of Appeals of West Virginia, the widow of an elderly man who died after he was viciously attacked by several dogs while walking near his home sued the county and the county’s dog warden alleging negligence in performing statutory duty. Specifically, the widow asserted the dog warden allowed the vicious dogs to remain at-large, resulting in wrongful death. The warden was sued both personally and in her individual capacity. Plaintiff sought compensatory as well as punitive damages, alleging the violations were willful, wanton and reckless. (It should be noted that while the homeowner where the dogs resided was acquitted of criminal wrongdoing, but the owner of the dogs pleaded guilty to nine misdemeanors, including involuntary manslaughter. All the dogs were euthanized.)

The county moved to dismiss the wrongful death dog bite lawsuit, citing the public duty doctrine. Continue reading ›

Dog Bite Injury Claim Considered

March 29, 2017 | Associates and Bruce L. Scheiner

Florida’s dog bite injury statute, F.S. 767.04, indicates that people who own dogs or are responsible for controlling them may be liable if that person bites a dog – regardless of whether the dog had previously shown a propensity to bite or be vicious.

However, every state has a different approach to liability. Others don’t afford the same protections as as our state.

For example in Georgia, the law requires a finding that the owner/ controller of the dog knew or should have known it was dangerous or had a propensity to be vicious. In a recent case before the Georgia Supreme Court, justices were asked to consider whether this alleged knowledge of the dog’s viciousness was a matter of law for a judge to decide or a matter of fact for a jury. Justices sided with the latter interpretation, reversing the appellate court and remanding the injury case for a trial by jury. Continue reading ›

Boy Disfigured in Dog Bite Attack Awarded $1.4M

September 7, 2016 | Associates and Bruce L. Scheiner

A boy in Connecticut was just 13 when he suffered severe and disfiguring injuries when a Labrador retriever allegedly attacked him without provocation three years ago while he was visiting a friend. Today, at 16, he has endured 10 surgeries and will likely need to undergo at least two more. After surgeons reattached skin around his eye that was ripped off in the attack, he has a permanent scar around his mouth. His lip bulges out and droops when he smiles. He has a raised, red scar on his chest and other reminders of the attack.

Now, a judge has announced the owners of that dog must pay $1.4 million in damages. Of that, $250,000 is supposed to go to his parents for medical bills. The rest is to compensate him for his pain and suffering, according to TheDay.com.

How much of that money they’ll actually see, however, isn’t clear. The owners of the dog were living in a rented apartment at the time of the incident, and they didn’t have renter’s insurance. Typically, renters’ insurance or homeowners’ insurance would cover damages in these cases. In the absence of that type of coverage, the victim can pursue recovery of damages directly from the dog owners. In this case, plaintiff’s attorney said the family will be working with another lawyer to collect as much as possible, which will involve an assessment of defendant’s earnings and assets. Continue reading ›

Slate v. Blatt – Vicious Dog Statute Weighed

July 5, 2015 | Associates and Bruce L. Scheiner

Every year, homeowner insurance companies in Florida pay $7 million annually to victims of dog bite injuries. Some argue this is the work of overly-litigious personal injury lawyers. But the fact is, dog bites that result in lawsuits are generally not minor events. They cause severe and lasting injuries and scarring, as well as significant medical expenses.

In some instances, particularly when the victim is a young child or elderly, these attacks can be fatal.

While any dog may be the subject of these cases, some tend to have a reputation for being more likely to attack or to cause more serious injuries. Without question, the most commonly cited is the pit bull.

Augsburger v. Homestead Mut. Ins. Co. – Dog Bite Injury Case Weighed

January 14, 2015 | Associates and Bruce L. Scheiner

Dog bites and attacks in Florida cost pet owners some $7 million annually, with Lee County Animal Services reporting approximately 1,400 individuals are hospitalized annually for dog bites here alone.

Some of these injuries are severe and a few even end in death.

F.S. 767.04 deals with a dog owner’s liability for damages to a person bitten. The law states the owner of a dog who bites any person who is in a public space or lawfully in a private space is liable for such damages, regardless of whether the owner had knowledge of any prior viciousness. However, negligence on the part of the person bitten reduces owner liability, except if the victim is 6 or younger.

Many other states have similar laws, and homeowner insurance policies usually cover damages when injuries occur as a result of a pet attack. However, the question was recently raised before the Wisconsin Supreme Court whether liability could still be incurred even if the owner of the dogs, who lived in the home where the bite occurred, was not also the owner of the home.
Continue reading ›