Posted On: July 27, 2011 by Cohn & Smith

Injury from a Dog bite

As a practicing Fort Lauderdale personal injury attorney we come across a variety of cases one in particular was a lawsuit filed against Dr. Thom a Fort Lauderdale Plastic Surgeon by his former neighbor Rhoda Marx. Marx claims that the Dr’s dog Max attacked her without provocation or warning, as stated in her personal injury complaint. Marx’s medical report states that she sustained abrasions, cuts, and deep puncture wounds from the bite.

Ms. Marx claimed that Dr. Thom knew that the dog could be unpredictable and had a history of biting persons and other pets. She filed a personal injury claim for compensation for her medical expenses, income loss, general damages, and pain and suffering.

Per Florida’s dog bite statute, a dog owner can be held liable for damages if the dog bites a person who is lawfully allowed to be on the property where the incident happened. The pet owner's prior knowledge of whether or not the dog is vicious is irrelevant. Also, there is a leash law requiring that a dog owner keep the pet on a leash unless it is confined to the home or within a fenced property. Depending on the circumstances surrounding the incident, if the attack occurred on property that is not owned by the dog owner, the premise owner may also be held liable.

Unfortunately, dog bite accidents happen. While owners must do what they can to prevent such incidents from happening, there are also steps you can take to protect yourself. If you or family members are a victim of a dog bite incident contact your Fort Lauderdale Personal Injury attorney to discuss your rights.