We’ve all heard the horrifying stories of a seemingly gentle and loving dog that suddenly turns vicious and attacks a family member, visitor or passerby. In fact, on March 11th, a boy was taken to the hospital after being bitten by a Rottweiler on Southeast 28th Street in Cape Coral. The dog apparently broke loose and bit the boy on the leg and thigh.
The dog’s owners, who have children of their own, surrendered the dog to animal services, where a representative said the dog would be euthanized, and a sample will be sent to a lab to determine if the animal has rabies. This comes after two incidents in December 2009, when two Florida toddlers died after being attacked by the family’s pet dogs. In the case of Liam Perk, a two-year-old from Cape Coral, the family’s Weimeraner bit him on the neck just three days before Christmas. As is typically the case, the dog was reportedly a well-behaved, indoor pet, which for some unknown reason attacked the boy as he walked past the dog.
According to The Centers for Disease Control, it’s not just the breeds of dogs most often believed to be aggressive by nature, such as pit bulls or Rottweilers, which are involved in these types of attacks. (Although, these two breeds are responsible for a disproportionate number of attacks). If one of these breeds attacks, the chances of a much more serious maiming injury or even death increase dramatically. With other breeds, a bite usually causes a less serious injury that is most often not life threatening or fatal. Dogs bite more than 4.7 million people each year, with over 1,000 per day causing serious injury that requires hospital emergency room treatment. When it comes to children interacting with dogs, the numbers indicate that dog bites are the fifth most frequent cause for emergency room visits. Children are often at the most risk for dog bites for a number of reasons. They play with dogs more than do adults, are more likely to engage in an activity which could alarm or over-stimulate the dog, are less experienced in dealing with an agitated animal and are less able to defend themselves in the event of an attack. There is some excellent information regarding safety and dog bites on the CDC’s website.
Sadly, fatal dog attacks in the United States have been going up. The yearly average was 17 in the 1980s and 1990s. There were 33 deaths in 2007, 23 in 2008, and 30 in 2009. In Florida, there are strict laws governing the control of dogs, and severe liability issues in cases where a dog’s owner is found to have been negligent in controlling his dog. Over 50% of dog bites occur on the dog owner’s property, and over 70% of biting dogs belong to the victim’s family or a friend. In the event of a dog attack occurring on the premises of a rental property, the landlord, as well as the dog owner, may be subject to harsh liability repercussions. In Lee County, it is unlawful for the owner or keeper of any animal to allow the animal to roam at large. Additionally, the section of the Lee County Animal Control statute pertaining to threatening or menacing animal behavior states:
(a) It shall be unlawful for the owner or agent of any animal to allow that animal to act in a threatening or menacing manner toward any other animal not belonging to said owner or agent, when that animal is not on the property of said owner or agent. This
section shall not apply to animals that are securely enclosed, or under the direct control of the owner/agent as defined in this article.
(b) It shall be unlawful for the owner or agent of any animal to allow that animal to act in a threatening or menacing manner toward any person not on the property of said owner or agent.
(c) Upon receipt of a report of any animal acting in this manner, domestic animal services may investigate the incident. After investigation, domestic animal services may order the owner or agent to keep the animal restrained or confined as defined in this article, and may issue a written warning or a citation and a notice ordering confinement.
(d) Upon an owner’s conviction under this section, the subject animal will be considered a dangerous animal for the purpose of section 6-44 as defined in this article. A record of the order to confine, the written warning, the citation, and any supporting affidavits will be held on file at domestic animal services.
(e) An order to confine will be a written notice issued by an animal control officer to a person who owns or harbors a dog that has acted in a threatening or menacing manner. The confinement must be completed within twenty-four (24) hours of the notice being issued. The animal control officer conducting the investigation will check to ensure that the confinement has been completed.
(f) Failure or refusal to confine any animal in violation of this section may result in the animal being impounded and/or citations being issued.
(g) Exception to threatening or menacing behavior. An animal that is secured on its own property cannot be found to be threatening or menacing.
Michael M. Noone, a trial attorney whose practice centers on personal injury, wrongful death, and insurance claim cases and who is a founding partner of the Goldberg, Racila, D’Alessandro & Noone law firm, warns that even the most docile breed of dog can suddenly become provoked to attack. “The fact is that these are animals, and even the most experienced animal behavioral authorities are at a loss as to explaining what causes a dog to attack,” Noone says. “People, especially children, need to exercise caution when they are interacting with any animal, even if it is a seemingly playful family pet”.
The personal injury team at Goldberg, Racila, D’Alessandro & Noone have been aggressively fighting for the rights of dog bite victims for over 10 years, and are intricately familiar with state and local dog bite laws and statutes. If you or a family member has been victimized by a serious dog bite injury, we welcome the opportunity to review your case on a no obligation basis to discuss your rights under the law. Please visit our website at www.goldberg-law.com, or call us at 239-461-5508 to meet with one of our personal injury attorneys.