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You’re Only A Dog Bite Away From Problems You Can Prevent.
–by Dionne M. Blaesing, Esq.
EVERYONE WHO OWNS, OR HAS A DOG RESIDING at their home, needs to be proactive in protecting that dog and the fam- ily as a whole, should the dog bite a third party. Whether your dog is a Yorkie or a Rottweiler, the rules in our human society governing dog bites, are not the rules dogs apply to their peer social interactions. There are a number of branches to the problems that arise
for you when your dog bites or harms someone. Because of the complexity of the legal basis for a claim and the defenses avail- able, this article focuses largely on the problems. A subsequent article will address the legal defenses and protective strategies. Here is what you can
expect to happen if your dog bites a person. Problem one is that a lawsuit
may be filed by the harmed person against the animal owner for med- ical costs and damages. In my capac- ity as an animal law attorney, I am usually called upon to defend and mitigate the damage to the biting dog, its owner and family. Usually a personal injury attorney will take the injured party’s side. If there is home insurance coverage against which to collect, or the dog’s fami- ly has accessible assets, they will likely handle the case on a contin- gency fee basis, whereby the injured person's attorney will be paid a per- centage of the amount awarded. Unfortunately, the dog owner without coverage, is responsible for their own attorney fees and costs, as well as the cost of any damages ordered by a judge or jury. The common belief is that if your dog bites, you are
Photograph by Joyce McCombs
absolutely liable with no defenses available. That is not the whole story, but an evaluation by a qualified attorney is invalu- able to know what you are up against legally and financially. There are some prevention measures that dog owners need to take against civil liability: 1.Fl. Statute 767.04 gives you some protection if you place
a beware of dog sign on all access points on your property. Those who have not been invited (expressly or socially) onto the prop- erty, as long as the person is more than 6 years of age, enter at their own risk from dog bite. Again, get individual advice from an animal law attorney because there are nuances to the law.
2.Although most homeowner policies do not protect against harm done by animals, new property insurance policies
50 THE NEW BARKER
are available which are not breed specific. Use the Internet or speak with your insurance agent.
3.Keep your dog on a tight leash when in public or around
unfamiliar visitors at home (even just walking the neighbor- hood); When off leash outside, make sure the property has appropriate fencing. Problem two is that County Animal Control will investi-
gate and may issue a citation, impose a quarantine, or may seize your animal. Hospitals, doctors and police officers must report a bite incident to Animal Control. There are various state statutes and county ordinances that come into play. Again, there are a myriad of possible outcomes that will be trig- gered by whatever responses you make in these situations. Know that there are possible defenses. Also know that you will be properly Noticed by Animal Control. Do not ignore the Notices; get legal consultation well before any hear- ing date. Problem three is that the
bite may activate a Homeowner Association complaint against you if the regulations applying in your community or condominium have a nuisance animal prohibition. For this reason, you should be careful about simply paying Animal Control citations, making offers to the injured person or generally responding without consulting
your attorney. If your dog bites another domestic animal, the same rami-
fications can occur, but the standard used to determine liability is different. In our next column, we will address this issue, while elaborating more on legal defenses and protective strategies.
Dionne M. Blaesing, PA practice areas include: animal law such as Pet Lemon Law and Veterinary Malpractice; Business Resolution for large and small businesses; Business Formation; General Civil disputes and Family Issues. Dionne has a 20 year background in veterinary science, serving as an emergency technician at the SPCA Angell Memorial Animal Hospital in Boston; Chief of Nursing for Boston Zoological Society; managing a local veterinary hospital in Pasco County. She has also served on the board of the Suncoast SPCA in New Port Richey for 10 years, including a stint as the board president. Her offices are in New Port Richey. For more information, call 727.992.9114 or go to
www.DionneBlaesing.com
www.TheNewBarker.com U
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