A woman died from her injuries after a pack of dogs she was caring for attacked her while the owner was out of town, Alabama officials said.
The incident happened on Feb. 6 in Tuscaloosa County when a 46-year-old caretaker went into the property to feed the dogs.
Florida Law
In Florida, dog owners are strictly liable for injuries caused by dog bites. A dog’s docile history cannot be used as a defense; however, the victim’s potential comparative negligence can be considered as a factor in the incident.
For example, if a handyman enters a property without being warned about a dog on the premises, and the dog attacks him after perceiving him as an intruder, the owner could be liable for the handyman’s injuries. However, if the owner had instructed the handyman to avoid the yard without supervision or had implemented security measures that the handyman ignored, the handyman’s comparative negligence could reduce the amount of damages he can recover.
If the animal involved in the incident is covered by their owner’s insurance, the coverage will stem from that person’s homeowner’s or renter’s insurance policy. This is not always the case. Some insurance policies specifically exclude coverage for this type of incident.
Leesfield & Partners
Leesfield & Partners is a personal injury law firm based out of Florida with offices in Key West, Miami and Orlando that has secured multiple record verdicts and settlements for injured clients. The firm handles a wide array of personal injury claims including automobile accidents, boating and jet ski crashes, medical malpractice, and premises liability cases. These premises liability cases have involved negligent property owners who allow balcony railings to fall to disarray, hotels that do not follow Florida building code and various animal attacks. It’s easy to see a dog’s wide brown eyes and wagging tail and assume they mean no harm, but it’s important to remember that dogs can be territorial. If they perceive someone approaching as a threat, they can cause serious harm.
In 48 years of personal injury practice, Leesfield & Partners has represented numerous animal attack victims, including those who were injured as the result of a dog bite. In reporting from the Naples Daily News, it is estimated that over 600 Floridians are hospitalized for dog bite injuries. On average, two Floridians die annually from injuries involving dog attacks. The most common cause of the attacks, according to the article, involved inappropriate behavior with the animals such as trying to interact with the animals while it was eating or chewing on a toy and/or roughhousing with the dog.
Previous Cases
One case involving a dog bite resulted in a $1.5 million recovery for a 77-year-old client. In that case, the elderly woman was walking from her front door to check the mail while walking her leashed dog, a 20-pound Welsh terrier. A neighbor was walking by the home at the same time with their dog who lunged so forcefully at the terrier that the neighbor lost control of the leash. In an effort to protect her pet, our client stepped between the animals, causing the larger dog to maul her arms.
Injuries sustained by the woman in the attack included deep wounds to her forearms and right elbow and broken bones in her left hand. A passerby stepped in to stop the attack.
Leesfield & Partners handled a case in which a woman who was walking down a neighborhood sidewalk in front of the home of an aggressive animal was attacked. The woman was passing by an unlocked gate when a large Chesapeake Bay Retriever who mauled her right arm and shoulder while a dog sitter refused to intervene. Thankfully a passing driver stopped and called 911.
The firm previously represented a therapist making house visits who was attacked by a large dog who bit her in the stomach, its jaws ripped through her hand and tore off an index finger.
In another case, our client was horrifically mauled by a dog who jumped out of the window of its owner’s parked car while the owner, a neighbor, was speaking to our client. Injuries sustained in that case were wounds to her forearm and leg.
More recently, Eric Shane, a Leesfield & Partners Trial Attorney, filed a lawsuit in a case in which a Monroe County woman, 83, was injured after a bird attacked her. The woman was at her community pool when the bird bit her hand, causing her to fall violently to the ground and break her hip. This is allegedly not the first time that the bird has attacked someone on the property.
That case is ongoing.