On Saturday, March 28, 2014, a Fort Lauderdale boy was attacked by a dog causing permanent injuries. Dog bite injuries are not uncommon to Broward County, Miami-Dade County and throughout Florida. The boy is now recovering at the Hospital from a deep dog bite wounds to his knees. In addition, the pit bull took portions of the boy’s mother’s body. Both underwent surgery for their injuries. The attack happened on SW 43rd Avenue.
The dog who attacked the boy and mother was not without an owner. The pit bull mix was picked up by animal control and has been under quarantine. The owner still can either surrender the dog or go to a hearing regarding the danger created by the dog.
Unfortunately, a small child and mother were permanently injured and possibly scarred for life as a result of this dog attack. His family may have a cause of action against the dog owner. In addition, if the property where the dog was residing was owned by another individual, the victim maybe able to bring a lawsuit against the land owner. The family should retain a local personal injury attorney in order to determine if there is a case.
Florida has clear laws regarding dog bites and the liability of dog owners/property owners. Florida is not a one free bite state, meaning that although a dog has never exhibited aggressive behavior, owners are still liable for a dog’s first attack. In addition, it is reported that the dog was able to exit off its owner’s property. Therefore, a personal injury attorney would want to investigate who constructed the fence and the maintenance of such fence. In addition, a personal injury attorney would need to investigate whether the dog was provoked by the child, obtain the animal control file on the dog, obtain the 911 tape, and obtain the police report.
Unfortunately, even if there is no question regarding the liability of the dog owner/property owner, the victim may not be able to recover due to a frequent insurance clause exemption regarding dog bites placed in insurance policies.
Olga Porven, P.A., a Miami Personal Injury law firm, specializes in personal injury cases such as dog bite cases. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases.
If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-901-1227.