Florida Representative Dismissed from Dog Bite Lawsuit

A Florida representative has been dismissed from a lawsuit concerning a dog bite. Both she and her 2022 campaign were named in the lawsuit involving a 9-year-old boy. The boy’s parents claim that while he was playing football, the representative’s dog lunged at him and bit him. The boy required 11 stitches as a result of the attack. The representative claims that the dog is owned by her husband. The claim against the husband remains active.

The representative and her husband were attending a youth fishing tournament when the alleged dog bite occurred. The boy was playing football with some other boys when the dog lunged and bit him.

Dog bite lawsuits in Florida 

Many states have a one-bite rule when it comes to dog bites, but Florida is a strict liability state. That means that a plaintiff can file a lawsuit against a defendant without proving that the owner knew that the dog was aggressive at the time of the accident. Other states require that a plaintiff establish a history of bites against the owner of the dog to pursue the action against them. Those are known as dog bite negligence states. In Florida, a victim of a dog bite would not have to prove negligence. They would only have to prove injury.

So, in the case mentioned above it remains unclear what potential defense the husband of the representative would be able to provide to this action. The best defense in a case like this is to claim that the dog was being baited by the plaintiff. But when it comes to children being bitten by a dog, the case is more difficult to make. It is unlikely that this child baited the dog into attacking him. It is more likely that the dog was agitated and lunged at the child.

Damages in a dog bite lawsuit in Florida 

In the case mentioned above, the dog bit the child who required 11 stitches as a result of the attack. The boy’s parents would be able to file a damages claim for medical expenses related to the injury and pain and suffering damages related to the trauma of being attacked. The child may suffer from PTSD as a result of the attack and require counseling. 11 stitches is a lot of stitches, so the gash is likely to have been significant.

The parents will claim that the pair failed to control their dog and allowed a dangerous animal to injure a child. Florida does not provide for an actionable defense to these allegations unless the child was somehow annoying, attacking, or otherwise provoking the dog, which seems unlikely. The most likely outcome to this case is a settlement.

Talk to a Tampa, FL Dog Bite Injury Attorney Today 

Florin Gray represents the interests of Tampa residents who have been injured by dog bites. Call our Tampa personal injury lawyers today to schedule a free consultation and we can begin discussing your allegations immediately.

Source:

tampabay.com/news/florida-politics/2023/03/31/belgian-malinois-gunner-st-petersburg/