South Florida Injury Attorney Blog

Yearly in South Florida Personal Injury attorneys receive calls from all over Miami-Dade and Broward County, from persons seeking legal counsel as they were a victim of a dog bite or maybe seeking advice on behalf of a victim.

A lot of dog bites take place in neighborhoods whilst the victim may have been exercising or walking in their immediate neighborhood or park and was attacked by a dog that may have gotten away from its owner. In any one of these situations these attacks can cause serious injury and in some situations can scar the victim or victims for life, not to mention the inconvenience to the victim. Medical attention is always required where dog bites are concerned. Once you hire the services of an attorney experienced in this type of injury they will advise you to keep a record of your injury: medical bills and photographs of your injury, as this will assist your attorney should you file a claim for compensation. Homeowners and renters insurance policies typically cover dog bite liability and insurers may charge more premiums for certain breeds of dogs.

Following the tips listed below will help reduce the chances of your dog biting someone:

1. Have your dog play with others people and animals;

2. Play non-aggressive games with your dog such as “go fetch”;

3. Avoid exposing your dog to situations in which you are unsure what the dog’s response will be;

4. Having your dog spayed or neutered, may reduce the likelihood that the dog will bite.

At the Law Office of Cohn and Smith our experienced staff will assist and guide you. We will first review your case to ensure that your rights are reserved and we will protect your rights as a victim to ensure that you receive the proper compensation that you deserve for your damages.

Should you or a loved one be the victims of this type of injury please feel to contact our office for your free consultation. We can be reached at 954 431 8100 or 305 624 9186 or visit us online.

So to follow up on my previous blog just some more information on dog bites. As an attorney practicing in South Florida for over 33years, we have handled cases involving attacks from all breeds of dog including the most vicious and harmful such as Pit Bulls, Rottweiler's, German Shepherds and Doberman Pinchers. We have also worked on cases where the bites were inflicted by the "more friendly" breeds of dogs like Labradors, Golden Retrievers and Terriers even some of the "tea cups".

All dog owners have a responsibility to keep their dogs properly tied or locked up and to keep their family, guests and general public safe from harm. As I mentioned in my previous blog Florida law applies a “strict liability” standard regarding dog bites. This means that an owner of a dog is responsible for the damages caused by their dog, regardless of any actual negligence unless the owner of the dog displayed a “bad dog” sign on their property or the dog was provoked into biting.

At the Law Office of Cohn & Smith our experienced Attorney's evaluates each case independently to determine whether the animal was properly tied or on a leash and/or within the confines of the owner’s yard and whether the animal was provoked into attacking.
If you have been a victim of a dog bite or animal attack you should contact an attorney experienced in these types of cases or injury, immediately, after seeking medical attention should it be required.

Our knowledgeable staff will be with you through the entire investigation of the incident including taking witness statements, making a thorough evaluation of the property where the attack took place and interacting with the local police department and animal control unit.

We have offices located all over South Florida – from Miramar to Coral Springs or Fort Lauderdale to Aventura, we encourage you to contact us our office at 954 431 8100 or 305 624 9186 for your FREE consultation, or visit us online.

So to continue from my previous blog I will now touch on Dog bites and just some information with reference to the Dog Bite Law in Florida. There are two types of laws one is Strict Liability and the other is Negligence, I will summarize the two below for you.

Strict Liability is considered the first type of law that covers bites in Florida; there are other states such as California, Ohio, and New Jersey that have strict liability laws for dog bite injuries. To summarize, this law states that the owner of the dog is liable for any injuries he/she causes.

This law is somewhat different from the “one bite” law which does not fault the owner of the dog unless the dog has already bitten or injured someone previously. So, basically if you are attacked or bitten by a dog, and the dog had previous injury, the owner of the dog will automatically be held responsible for your injuries, therefore you should have no problems being compensated for your medical bills.

There are exceptions to this rule: if you were trespassing on private property when you were attacked, then the dog owner may not be liable; or if you were provoking the dog in any way, you may not necessarily be compensated for your injuries.

You can also file suit on the grounds of Negligence and dog bite injuries sometimes fall under this area, or to be more specific it can be considered personal liability. To file this type of claim you and your attorney will have to prove that the owner of the dog violated some duty of care, which resulted in your injuries. Duty of care is the responsibility of the owner to ensure that the dog is not on the loose. This could mean that if the dog is not properly penned and the dog gets out and attacks/ bites you, you may have valid grounds to file claim against the owner of the dog.

Should you or a loved one become a victim on this type of personal injury or a dog bite, after seeking medical attention you should seek counsel from an experienced attorney in this type of injury, to ensure you know your rights. We have offices located in Fort Lauderdale, Pembroke Pines, Weston, Aventura, Coral Springs and other locations. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

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.

A dog bite can cause serious injury to anyone of us. Every year, South Florida Personal Injury attorneys receive calls from all over Broward County: Plantation, Sunrise, Davie, Weston, Fort Lauderdale, from persons seeking counsel as they may be the victim of a dog bite or maybe seeking advice on behalf of a victim.

Some of the scenarios personal injury attorneys have come across are; “I was bitten by a dog in my neighborhood while exercising or walking with my child in a park and was attacked by a dog that got away from its owner”. Any one of these scenario attacks can cause serious injury and in some situations can scar the victim or victims for life, not to mention the inconvenience to the victim. No matter how serious the injury caused by the bite, medical attention is usually required. Your personal injury attorney will advise you of the same, and to keep a record of your injury should you plan to file a personal injury claim for compensation or medical bills incurred from the bite.

Dog bite incidents have cost over $1 billion dollars, accounting for almost a 1/4 of the total number of home owners’ insurance liability claims. Homeowners and renters insurance policies typically cover dog bite liability and insurers may charge more premiums for certain breeds of dogs.
Whether it’s you or a family member that has received injuries from a dog bite, or you are the owner of a dog that was involved in a dog bite mishap, it is important to contact a personal injury attorney so your rights are protected.

For dog owners the following tips can help reduce the chances of your dog biting someone:

1. Have your dog spayed or neutered. Some of these procedures will reduce the likelihood that the dog will bite.
2. Socialize your dog with others, so that it knows how to act around other people and animals.
3. Play non-aggressive games with your dog such as “go fetch.” Playing aggressive games like “tug-of-war” can encourage inappropriate behavior.
4. Avoid exposing your dog to situations in which you are unsure what the dog’s response will be.

In South Florida, one in every third person has a dog or two or three as pets living in their household. In cities across Broward County you can see an owner with his or her dog out and about, on the beaches of Fort Lauderdale, in parks in Sunrise and Plantation, even the Doggie parks in Davie, owners are walking their dogs whether it’s for exercise or just to get the dogs out of the house for some fresh air.

Recent studies by the Insurance Information Institute, state more than one-third of homeowner’s insurance claims filed are related to dog bite incidents. The study also showed that the average cost per claim was $24,840, which was up 1.5 percent from 2008's costs. Overall, dog attack claims have risen 30 percent since 2003, when reporting first began.

Even though experts say that while the actual number of dog bites has not grown that much, the inflated costs of medical bills and the increasingly large settlement amounts in these types of cases are causing the claims total to rise exponentially every year, as more and more victims of dog bites file claim.

Most homeowner and renter insurance policies cover anywhere from $100,000 to $300,000 in medical bills and/or damages caused by a dog attack, and we have found that many insurance companies are forced to raise their premium rates across the board as settlements continue to rise.

If you are being denied coverage for a dog bite attack on your property or if you have been bitten by a dog on someone else's property, it is imperative that you contact a South Florida Personal Injury lawyer right away, to save you time and money in the process.

Our Pembroke Park dangerous dog attorneys wrote last week about a dog attack on a Broward County couple. Fresh in the wake of that story, the South Florida Sun-Sentinel published a piece Dec. 20 about the dangerous dog law in Broward County. The law is among the toughest in Florida, because it requires dogs to be put to death after one attack on a human or another animal, with limited appeals allowed for the dogs’ owners. According to the Broward County article, the law is being reconsidered in part because of publicity surrounding the release of two dogs who attacked while they were on leashes, who have been released after the owners settled lawsuits with the county. The law also became a political issue in recent elections. In response, the Sun-Sentinel investigated the circumstances behind the majority of dog attacks in the county.

The newspaper concluded that Brandie and Gigi, the two dogs who were released, were not typical of the 62 dogs accused of being dangerous since the law passed in 2008. Both of them were on leashes when they attacked and killed smaller dogs. More typical was a third dog on the “death row,” Mercedes, who attacked and killed a neighbor’s sleeping cat after a gardener let her out of the yard. Most of the dogs had attacked other pets, the newspaper said, but they were usually loose rather than leashed, and often working in groups. In 17 of the cases, the victims were human beings. In one of those, a dog leaped a fence in Deerfield Beach to attack a 12-year-old boy, who was hospitalized for six days. Another case involved a dog attacking a blind man walking his own dog. That man told the newspaper he threw his body over his dog’s to protect it. And a 10-year-old girl was attacked while playing at a friend’s home, where a dog tore a piece of muscle out of her arm.

As a Miramar dog bite lawyer, I hope Broward County authorities take incidents like these into consideration when they think about amending the law. Some changes may be just, but it’s absolutely essential to continue protecting the public from dangerous dogs. When dogs attack human beings, the victims are disproportionately likely to be children, who are smaller, closer to the ground, louder and less likely to understand canine behavior. Dogs can outright kill smaller pets and children, and do serious damage to older kids and adults. In addition to literally ripping victims’ flesh off, dog attacks can damage organs, break bones and cause serious secondary infections. And as the newspaper’s investigation shows, many of the attacks come when the dogs are running loose against local leash laws. Without an incentive to keep potentially dangerous pets locked up, owners may find it all too easy to negligently let their dogs run around unsupervised.

Continue reading "South Florida Counties Reconsidering Dangerous Dog Laws After High Profile Cases" »

An article about an attack by a pit bull caught my interest as a Fort Lauderdale dog bite attorney. According to a Dec. 12 article from the Miami Herald, Angela Owens and her husband, Stephen Robinson, were attacked by a dog they were caring for temporarily as a favor to a friend. The dog, Debo, bit Owens in the arm, then locked onto Robinson’s arm and wouldn’t let go. This caused Broward sheriff’s deputies to shoot and kill the dog when they arrived. The attack led to severe puncture wounds for both husband and wife, requiring medical treatment and likely causing Owens to miss a few days of work as a school bus driver. Both of them are expected to ultimately be fine.

The owner of the dog had reportedly already been considering putting it down. The dog, Debo, had been caged in the couple’s West Park back yard for a week without anything unusual happening. But when Robinson opened the cage to give the dog some water early Sunday, Debo rushed out and attacked Owens, 47. When she screamed, she said, her brother called 911 for help. Robinson got between her and the dog, but the dog transferred its attention to Robinson and locked onto his arm. When the police arrived, they said Owens was standing in the street with severe puncture wounds in her arm, and the dog was still locked onto Robinson’s arm. They said he begged them to shoot the dog, which they did. Robinson declined treatment, but Owens was treated and released from a hospital.

As a Lake Worth dog bite lawyer, I can tell you that locking on and refusing to let go is not at all unusual in attacks by dangerous dogs. We treat dogs as pets, but they are also natural predators that may not let go when their attack or survival instincts are aroused. In addition, some breeds, including pit bulls, simply refuse to let go when attacking. Any dog can attack, but attacks by larger or “working” breeds tend to be more serious simply because a larger dog is able to do more physical damage and reach higher on a human being’s body. In the most extreme cases, dogs have been able to kill human beings, especially children and the elderly, by inflicting severe flesh wounds, blood loss and sometimes organ damage. Most attacks on healthy adults end with minor injuries like the ones suffered by Robinson and Owens, but particularly with children, dog attacks can inflict severe physical injuries, including broken bones and infections, as well as long-term emotional trauma.

Continue reading "Broward Sheriff’s Office Shoots and Kills Dog After It Attacked Couple Caring for It" »

Broward County animal control officials euthanized two pit bulls who attacked a woman and her smaller dog, CBS4 reported June 3. Kailen Gonzalez was attacked in Fort Lauderdale while she and her brother were walking three dogs. One of the dogs died in the attack; Gonzalez and another dog were injured. In response, authorities in Broward County impounded the pit bulls, declared them dangerous and put them to sleep. They also fined the pit bulls’ owner, Katarzyna Zalewski, saying she didn’t have rabies vaccinations or pet licenses for the dogs.

Gonzalez was attacked May 20 in the Fort Lauderdale neighborhood of Victoria Park. CBS reports that the two pit bulls, Bobby and Shelbi, ran out of a neighbor’s backyard and attacked the humans and their smaller dogs. Zalewski disputed that account in a South Florida Sun-Sentinel report, saying the dogs were on her property and had been provoked. In the end, a silky terrier named Bella, who Gonzalez was dog-sitting, was dead; Gonzalez’s dog Milo was injured; and Gonzalez herself was bitten while trying to protect the dogs. Her brother and a third dog were not hurt. The Sun-Sentinel said Gonzalez suffered bites to her face that required 25 stitches and are expected to leave permanent scars.

The dogs were euthanized under a Broward County ordinance that allows authorities to put a dangerous dog to sleep after just one fatal mauling of a domestic animal. (The dogs’ owners have a right to appeal, but Zalewski chose not to in this case.) This is stricter than the previous law, which required two fatal attacks, and is being challenged in at least five lawsuits. Meanwhile, neighboring Palm Beach County is considering a similar law that would label a dog dangerous after just one attack. Those dogs would not be automatically put to sleep, but they would be banned from public places, sterilized, required to wear a muzzle and impounded for any violations by owners. Two fatal attacks on a domestic animal would trigger euthanization.

As a Pembroke Pines dog bite lawyer, I’m sorry for the injuries to Gonzalez and Milo and the death of Bella -- but I’m pleased that the public is taking the threat of dog attacks seriously. While most dogs are loving, fun companions, large dogs that are untrained, abused, neglected or trained for violence can kill and very seriously injure people. The U.S. Centers for Disease Control and Prevention report that dog attacks send 6,000 Americans to the hospital every year and kill about 15 -- usually children, who are lower to the ground and less sophisticated about canine behavior. Like Gonzalez, victims may be left with permanent disfigurement, as well as nerve and organ damage, broken bones, serious infections and a lifelong fear of dogs.

Victims of these attacks have the right in Florida to file a Boca Raton dog attack lawsuit to recover the cost of medical treatments, including future surgeries and therapy to reverse physical and emotional scarring. They can also win financial compensation for their injuries, pain, suffering and any permanent disability or disfigurement. In many cases, these damages are covered by the dog owner’s homeowners insurance. Cohn, Smith & Cohn represents clients attacked by dogs throughout South Florida. If the dangerous dog was not leashed or restrained on its owner’s property, as local laws require, our Hallandale dog bite attorneys can prove that the owner is liable, regardless of whether the dog has bitten before.

If you or a loved one was seriously hurt by a dangerous dog, you should call Cohn, Smith & Cohn as soon as possible for a free, confidential consultation. You can reach our main Hollywood office at (954) 431-8100 or contact us through the Internet.

A Boca Raton man was fined and had one of his dogs impounded after they attacked neighbors in two separate incidents, the South Florida Sun-Sentinel reported Feb. 5. Matt Cousineau told the police that he forgot to close his front door, allowing his two pit bulls, Primo and Princess, to escape. The dogs first charged neighbor Maureen Hartnagle and her Jack Russell terrier, who were out on a walk. With help from neighbors, Hartnagle and her dog fought off the pit bulls, but were unable to corral them.

The pit bulls later attacked Randy Schultz and his family, out on a walk with their own four dogs. Schultz was bitten as he tried to protect his one-year-old grandson and his smaller dogs from the pit bulls. Both dogs were taken into custody by Palm Beach County Animal Care and Control, which quarantined Primo because he had bitten hard enough to break Schultz’s skin. Cousineau was fined $25 for breaking leash laws, and his dogs faced a hearing Feb. 10 on whether to classify them as dangerous.

Everyone involved is lucky that the situation wasn’t much worse. Pit bulls are not necessarily bad dogs, but they are large and strong predators whose ancestors were bred to hunt and kill vermin. Left uncontrolled and without proper training, they are capable of killing or seriously mauling a person or pet they see as a threat -- or as prey. Statistics from the federal Centers for Disease Control and Prevention show that dog attacks kill more than 15 Americans ever year and leave about 6,000 more with injuries serious enough to require hospitalization. At their most serious, dog attacks can leave people dead or with permanent nerve or organ damage, lifelong disfigurement, serious infections and, especially in children, years of emotional trauma.

Palm Beach County law requires only a fine and fees for people who allow their dogs to run around loose. But victims of a vicious dog also have the option of pursuing justice with a South Florida dog attack lawsuit. Florida law makes dog owners legally liable for the results of any attack by a dog running loose in public, even if the dog was never violent before. That means owners are financially responsible for the serious harm their dogs can do, including the cost of treating serious dog bite injuries, now and in the future; costs like missed work or therapy; and compensation for the physical and emotional trauma of being attacked at random by a pet.

The Coral Springs law firm of Cohn, Smith & Cohn represents victims of serious dog attacks throughout South Florida. To set up a free evaluation of your case with our experienced Florida dog bite attorneys, please contact us online as soon as possible or call today at (954) 431-8100.

A relatively new Broward County ordinance intended to prevent serious dog attacks has attracted media attention recently. The “dangerous dog” law took effect in May, but is only now controversial after becoming the subject of a lawsuit. The law says that any dog, regardless of its past brushes with the law, may be impounded if it kills or seriously harms a human or another domestic animal without provocation and off its owner’s property . Once the dog is impounded, the owner must be given written notice, and the county may euthanize the dog 10 business days after notice is served. Dog owners may request a hearing for a fee of $500 per dog.

Some dog owners whose dogs were taken away under the law sued the county, hoping to have the law overturned. However, the Miami Herald reports that they dropped the lawsuit Dec. 5 in exchange for having their dogs freed. A day before the settlement, the South Florida Sun-Sentinel ran a more in-depth article on the same law, outlining some of recent serious dog attacks in South Florida, including one that sent a 14-year-old to a trauma center for five days and another requiring more than $100,000 worth of medical care for a Hollywood man. Other dog attacks described in the articles killed or seriously injured smaller animals.

I sympathize with concerns about the new law, but as a Florida dog bite lawyer, I also know how important it is to prevent serious dog attacks. A large dog may be a pet, but it’s also a predator with teeth and claws capable of killing an adult human. In fact, statistics from the Centers for Disease Control and Prevention show that dog attacks kill an average of 17 people per year in the United States, the majority of them children. When there’s no death, the results of a dog attack can include major physical trauma like nerve damage, skin loss (with lifelong scarring) and broken bones, as well as possible infection. In order to be safe around humans and other animals, these dogs must have their most violent instincts trained away or controlled by the humans responsible for them.

Florida and Broward County laws require dog owners to keep dogs on their property or leashed in public, and to warn passers-by with a sign if they have a “bad dog.” Dog owners who do this aren’t subject to the county’s dangerous dog law. If owners fail to control their dogs, and someone is killed or seriously hurt as a result, dog owners may be liable for both actions by the county and a Florida dog attack lawsuit. My firm, Cohn, Smith & Cohn, helps victims of serious dog attacks hold owners legally and financially responsible for the results. If you know someone who has been seriously hurt by a dangerous dog in South Florida and you’re interested in talking to us about your rights and your case, please contact us today for a free consultation.

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.

A Space Coast man lost a leg and partial use of both arms after an attack by one or more of his cousin's three pit bulls. According to Florida Today, Roger Lindee was working on a car outside the home of his cousin, Anthony Phillips, just before the attack. Lindee claims he knocked on the door; Phillips says he burst in unannounced. It was then that Lindee was attacked by Kilo, the biggest of Phillips' three pit bull terriers. He claims two other pit bulls were also involved, a claim his cousin disputes. Either way, Lindee was mauled for several minutes until neighbors with a shovel and a pitchfork managed to remove the dogs. His right leg was amputated and he suffered broken fingers, a broken ankle and bite wounds that limit the use of his arms. Kilo was shot at the scene by law enforcement.

Many people don't realize it, but Florida law allows victims like Lindee to hold dog owners legally responsible for their dogs' vicious attacks. In fact, Florida is a "strict liability" state, which means owners are held liable for the first attack by their dogs, regardless of whether there was past evidence showing the dog is violent. Owners can escape liability by posting signs warning of a "BAD DOG," but they are also liable for general negligence, just like all Floridians. As the article implies, we also have local laws that can restrict or put down dogs determined to be dangerous.

Lindee's attack is a bit unusual among dog bite cases because he's 41 years old -- not 4 or 81. A study by the Centers for Disease Control and Prevention shows that most adults killed or seriously wounded by dogs are elderly people, who are more fragile. However, statistics show that the vast majority of victims of serious dog attacks are children and teens. Children's short stature triggers dogs' dominance urges and puts their vulnerable body parts close to the dog's teeth and claws. In addition, younger children may not recognize when a dog is getting angry, and older kids may take risks to impress one another. The results can be tragic: sudden maulings that cause death, amputations or lifelong physical and emotional scarring for a young child.

A Florida dog bite lawsuit may not be right for everyone, but for victims like Lindee, who had multiple surgeries over more than two weeks in the hospital, it can be a way to recover the costs of an unprovoked and sudden dog attack. In most cases, the dog owner's homeowners' insurance policy covers the cost of any settlement or jury verdict. If you're a victim of an attack by a vicious dog, you have the right to ask for justice. Contact Cohn, Smith & Cohn to learn more about the laws that apply to your case at a free consultation.