Florida Injury Lawyer Blawg
It’s a tale as old as time in cartoons, commercials and movies – Dog meets Postal Carrier. Dog chases Postal Carrier. Postal Carrier requests a neighborhood transfer.
As comedic as the bitter feud between man’s best friend and postal carriers might be in theory, for many mail carriers across the nation, it is a very real threat. Data from the U.S. Postal Service shows there were approximately 193 attacks on these employees from pets in 2023 alone.
In 2022, 61-year-old Pamela Jane Rock, a Florida mail carrier, was mauled to death by five dogs while on the job. The incident happened on Aug. 21, 2022, in Putnam County in northern Florida. Rock’s vehicle had broken down and she was delivering mail on foot when she was descended upon by five dogs.
Bystanders attempted to help and one neighbor allegedly shot a rifle at the ground to scare away the animals. There had allegedly been multiple issues with the same animals at that address with the owner attempting to surrender them, meaning giving them to a shelter, approximately 10 days before Rock’s death, according to reporting from local news outlets.
Rock was transported to the hospital with severe injuries and died a day later. Last month, a postal office was named in her honor.
“Pam had a servant’s heart, and it was obvious in the way she lived her life,” Rep. Aaron Bean, R-District 4, told local news outlets at the time of the dedication. “While her time on this earth was tragically cut short, she served the U.S. Post Service with passion and integrity.”
Dog Bite Rankings by State
In state rankings, Florida came in at number seven for the most dog bites injuring postal carriers in the country. Of Florida cities with the most incidents in 2023, Miami came in first place with 21 incidents. Ranked second was St. Petersburg with 15 total incidents followed by Jacksonville, which had 10.
The top three states with the most dog bites on postal carriers in the United States were California, Texas and Ohio.
If a mail carrier believes they are at risk delivering mail to a residence, the homeowner’s mail will be suspended at that location and they will have to pick up their mail at a local post office, according to USPS. If a homeowner does not resolve a dangerous dog issue, then they will be required to rent a P.O. box at their local post office.
Florida Law and Legal Principles When It Comes to Pets & Property
Florida law states that a dog owner is strictly liable for a victim’s injuries. Owners cannot claim their dog’s previous lack of aggression as a defense. If an animal attacks another person, the owner of that animal is responsible for injuries and for warning visitors of the property of any potential dangers ahead of an incident taking place by placing caution signs on fences warning visitors that there is a dog on the property. Owners should also verbally warn visitors to steer clear of the area where the animal is being contained.
If a guest is attacked by your animal on your property, you may be liable for medical bills, damages, lost wages and other costs associated with their pain and suffering.
Under the legal principle of premises liability, it is the responsibility of a property owner to maintain that property in a condition that is reasonably safe for guests and visitors. When dangers with the property present themselves, it is the owner’s job to fix the situation or adequately warn visitors and guests of the issue to avoid injury. If they do not and a guest or visitor is injured as a result, then the owner can be liable for any damages.
Leesfield & Partners
Leesfield & Partners has thousands of premises liability cases in its 48 years of representing injured clients and their families in Florida. From a man whose life was permanently altered after he fell from a balcony in a $7 million recovery to a woman severely injured at a warehouse store while attempting to grab toilet paper from an overhead pallet, Leesfield & Partners attorneys have used creative legal strategy and the law to obtain the best possible outcome for clients.
In the case involving the woman injured at the warehouse store, attorneys with the firm were able to prove that employees and store owners knew customers regularly reached for these shrink-wrapped pallets and did not step in to warn them about potential dangers or restrict their easy access to these items. A verdict of over $1 million was secured for the client.
Leesfield & Partners attorneys have seen some of the most gruesome dog attack injury cases in recent years. In a case involving a 77-year-old Leesfield & Partners client, the woman was viciously attacked by a neighbor’s dog while walking her own dog to check the mail. Her dog, a Welsh terrier, was on a leash while she walked to the mailbox. A neighbor’s large dog, also on a leash, lunged for the terrier as they approached, causing the neighbor to lose control of the leash.
In an attempt to protect her animal, our client stepped between her pet and the aggressive animal. As a result, she suffered horrific bite wounds to her right elbow, forearms and broken bones in her left hand.
A $1.5 million settlement was secured for the woman in that case.
In another case handled by the firm, a young woman was attacked by a dog while out for a walk. The woman was on a sidewalk when a Chesapeake Bay Retriever rushed at her, escaping from an unlocked gate. The dog lunged for the woman’s neck but she was able to use her arm and shoulder to push away its snarling jaws.
A dog sitter who was watching over the animal failed to intervene or attempt to control the animal. Emergency services were called by people who passed the attack in their car.
The woman’s arm suffered the brunt of the attack and a chunk of flesh was ripped off. A six-figure settlement was reached in that case.
In both of these instances, dog attacks were covered by the pet owners’ insurance policy.
Dogs aren’t the only domesticated animals that can present a danger. Over the summer, Leesfield & Partners was obtained to represent a Marathon, Florida, woman who was attacked by a neighbor’s pet cockatoo.
In that case, which is being handled by Eric Shane, a Leesfield & Partners Trial Attorney, the woman was standing at her condominium’s pool when her neighbor set her bird down to perch on a nearby fence. The bird reached out and sharply pecked the woman with its beak, startling her and causing her to fall violently to the ground and break her hip.
Litigation in that case is ongoing.
If you believe you have an injury claim after an incident with a pet in Florida, don’t wait. Call Leesfield & Partners for a free consultation at 800-836-6400 or 305-854-4900.
