Visitor’s Pass Dooms Personal Injury Claim

Liability for animal attack injuries is often governed by very specific state laws. For example, a recent decision by the Florida Third District Court of Appeal in Miami addressed liability in the context of a horse bite attack. As it turns out, there is a particular statute in Florida that deals with personal injury claims arising from “equine activity.”

The plaintiff in this case actually had substantial experience with horses. He was a former jockey. One day his roommate, who owned a horse, invited him to come see the animal, who was kept at a stable in northern Florida. Since the plaintiff was no longer an active jockey, he needed to obtain a guest pass to enter the stable’s grounds.

As the two men traveled through the stable to see the roommate’s horse, according to court records, “another horse named Forever Happy jumped out of his stall” and bit the plaintiff’s chest. The plaintiff subsequently filed a personal injury lawsuit against the owner of the stable, alleging its negligence in failing to properly secure Forever Happy led to his bite injury.

The trial court ultimately dismissed the plaintiff’s complaint, and the Third District affirmed that decision on appeal. The plaintiff’s lawsuit failed because of Florida’s Equine Activities Liabilities Act. The Act’s operative provision states that “an equine activity sponsor, an equine professional, or any other person…shall not be liable for an injury to…a participant resulting from the inherent risks of equine activities.” In this context, an “equine activity” includes “visiting or touring or utilizing an equine facility as part of an organized event or activity.”

The plaintiff argued that he was not visiting the stable as part of an “organized event or activity”—he and his roommate made a spontaneous decision to go that morning—and therefore the Act did not apply. The courts disagreed. The Third District noted that the plaintiff required a visitor’s pass to enter the stable area. “Put another way,” the appeals court said, “in order for [the plaintiff] to have gained access to the area where his injury occurred, [he] had to jump over an established hurdle.” This “hurdle” was sufficient to make his visit, spontaneous or otherwise, and “organized activity,” thereby relieving the stable owner of any liability for the plaintiff’s injuries.

Get Advice From a Florida Personal Injury Lawyer

While this case did not work out in the plaintiff’s favor, there are many other situations where an animal owner or care facility may be liable for injuries to third parties. An experienced Clearwater dog bite and animal attack attorney can review your case and help you decide whether to bring litigation against a negligent party. Contact the Law Office of Paul B. Genet, P.A., if you need to speak with an attorney today.

The owner was ordered to send her dog to obedience training and have a microchip implanted in the dog for identification. The owner was also issued a citation for having a “vicious dog.” In the event of a future attack, local authorities can remove the dog from the home and even put it down if the attack is severe.

Strict liability for dog bites and attacks

According to Florida law, dog owners are strictly liable if their dogs attack someone in a private or public place where the victim has a right to be. This means that the victim need not prove that the dog owner was negligent in the handling of the dog. Instead, compensation is awarded based only on the fact that the attack took place and the victim was injured.

Note that, as opposed to other states, strict liability in Florida does not just apply to dogs previously deemed vicious. Florida dog owners are strictly liable whenever a dog bites or otherwise attacks someone.

Exceptions and defenses to strict liability

A victim bitten by a dog can have the damages reduced by the extent the person provoked the dog. For example, a person who was bitten by a dog in the course of a trespass or burglary cannot obtain damages from the dog’s owner. An owner whose residence prominently displays a sign on the premises at the time of attack notifying others that there is a “bad dog” around is not liable for any dog bites that occur there, unless the owner was otherwise negligent in handling and/or restraining the dog. However, a Florida dog owner is liable in all circumstances if the victim is under the age of six.

A Florida attorney can aid dog bite victims pursuing just compensation in the Tampa-St. Petersburg area.

Sadly, it is common for dogs to bite people. According to the Center for Disease Control, dogs bit about 4.5 million people each year and dogs belonging to the victim’s friends, family or neighbors cause almost half of those bites.

Naturally, children are at greater physical risk from the gross injury of a dog bite. Their smaller size means that the laceration or puncture caused by a dog bite can injure and scar a proportionately larger part of the child’s hand or face than an adult.   When the risk of infection of the wound is added to the mix, the danger increases.

However, kids are more vulnerable than are adults in another area.   An attack by a dog can often be far more traumatic to a child, who is both small in size and at a sensitive stage of development, than to an adult.   A study at Beijing University in China found that more than five percent of children who were bitten by dogs had symptoms of PTSD (Post Traumatic Stress Disorder), a figure that jumped to more than 25% if the injury was severe.   Even without a full-blown PTSD diagnosis, the anxiety and fear that a child carries with them after an attack can have untold effects on their development.

If your child has been bitten by a dog and suffered an injury then you should speak to a personal injury lawyer about your options.