Florida’s Dog Bite Law – Who’s Responsible?

When it comes to determining liability in dog bite cases, states employ a variety of different approaches. Most commonly, states will either apply a “strict liability” standard or a “negligence” standard. Many states also require a plaintiff to prove that the dog’s owner knew of an animal’s aggressive tendencies. In Florida dog bite cases, a dog’s owner is held strictly liable for injuries caused by their animal, regardless of the dog’s history or aggression. A recent case illustrates the difference between a strict liability standard and a negligence standard in dog bite cases. The Case Facts ...

Continue reading →

Court Finds Plaintiff’s Acceptance of Risks Involved in Volunteering at Dog Park Does Not Prevent Her from Filing a Personal Injury Case

Earlier this month, a state appellate court issued a written opinion in a Florida dog bite case discussing the single defense to the state’s strict liability dog-bite statute. Ultimately, the court concluded that a warning sign posted outside the dog park where the plaintiff was injured did not bar her recovery against the defendant dog owner. The Facts of the Case The plaintiff had volunteered at a local dog park for three years. Prior to beginning as a volunteer, the plaintiff signed a waiver indicating that she was aware of the dangers involved in being in the dog park and that she accepted those risks. On the entrance gate into the dog park, there was a sign warning visitors of the potential dangers and explaining that all visit...

Continue reading →

Court Allows Case to Proceed Against Dog Owners for Injuries Caused by “Chasing”

Earlier last month, a state appellate court issued an opinion that gave the victim of a potential dog attack another chance to bring their case to trial after it was dismissed by a lower court. In the case, Grammer v. Lucking, the plaintiff alleged an injury caused, not by the dog actually biting her, but by her reaction to what she believed to be a dangerous dog quickly approaching her. The Facts of the Case The plaintiff was a woman who was out on a walk with her husband in their neighborhood. As they approached the defendant’s home, they noticed that the defendant had two dogs out in front of his property, one chained and one unchained. As the plaintiff got near, the dogs ran towards her. The woman’s husband stepped out i...

Continue reading →