South Florida Injury Attorney Blog

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.

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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.

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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.

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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.

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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.

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