Two Davie Men Hurt in Dog Attack
The South Florida Sun-Sentinel reports that two Davie men were bitten by a dog in mid-November while they were trying to stop a dog attack. According to the paper, the first victim was walking a Scottish terrier when a Labrador retriever mix ran out of an open gate and attacked the smaller dog. The man and a nearby neighbor both intervened to stop the attack and were bitten. The article doesn't give details about their (or the terrier's) injuries, but it does note that the Lab's owner was cited for violating local leash laws.
That leash violation could make a big difference, legally speaking. As a Florida dog attack lawyer, I happen to know that Broward County requires dog owners to keep their dogs confined in some way -- on a leash or tether, or on the owner's property behind a fence. Leaving a gate open, as this dog owner did, is a clear violation of that law. Furthermore, if this dog managed to seriously injure the men, or kill the terrier, it could be declared a "dangerous dog" under county laws, which means it can be taken away by the county and "put to sleep" in ten days.
Forgetting to close the gate also exposes the dog's owner to a dog bite lawsuit, if the victims choose to file one. Under Florida law, owners are legally responsible for attacks by their dogs on people who are on public property. That's true regardless of whether the dog has attacked or shown any viciousness before. Dog owners may escape liability if they post a "BAD DOG" sign on their property -- but not if they negligently allow the dog to run free, or take some other negligent action. In fact, it's not just humans who are protected from dangerous dogs in Florida. The owner of the Scots terrier, or any other domestic animal harmed by a vicious dog, could also make a claim.
The newspaper didn't report that any of the people involved went to the hospital, which I hope means there were no serious injuries. But people can and sometimes are seriously injured in dog attacks, in Florida and across the nation. Dog attacks send 386,000 Americans to the emergency room each year and kill about five, according to the Centers for Disease Control. The most seriously injured are almost always children, who are left with broken bones, nerve and organ damage and lifelong physical and emotional scars. If you or someone you love was attacked by a vicious dog in South Florida and you'd like to learn more about your rights, please contact my firm, Cohn, Smith & Cohn, for a free consultation.
