Posted on 24th March 2010 by admin in Uncategorized
animal bite accidents, premises liability, premises liability attorney
Dog Bite Statistics
There are close to five million dog bite injuries every year in the United States and in the 1980’s and 1990’s around seventeen people a year died from injuries sustained in dog attacks. In the last ten years the number of deaths attributable to dog attacks has risen to around twenty six a year. Around half the attacks occur in the owner’s own house and nearly eighty percent of attacks involve a pet dog. In only 6.5% of claims is there an element of provocation of the dog by the victim.
Liability and Dog Bites
Liability is strictly imposed against the owner of the dog by the dog bite statute and is shown by proving that the defendant in the case is the true owner of the dog, that the attack occurred either in a public place or when the victim was lawfully in the private location. This second part to the test for liability therefore means that anyone who is trespassing and is attacked by a dog, is not able to claim compensation for any injuries sustained.
Dog Bite Statutes
It is important to note that the dog bite statute refers only to actual dog bites so if you have been injured by a dog in a way other than being bitten, this statute does not cover you. For example if the dog seriously scratched the victim or knocked him or her over, then any injuries caused are not covered by this dog bite statute.
The usual defense to a claim under the dog bite statute is that the dog was provoked. This defense will often be used in cases where the dog has no history of being aggressive. However, statistics show that provocation is found to be the cause of an attack in only 6.5% of cases of dog attacks and the prosecuting counsel will seek to establish the claimant’s credibility to show they are unlikely to have provoked the animal into an attack.
Victims of Dog Bites
Many dog bite victims are animal lovers themselves and are concerned that if they pursue a claim against the owner of the dog, the dog will be put to sleep. Unless the victim specifically pushes for the dog to be removed from the owner’s care and re-homed or euthanized, then this is unlikely to happen.
This article is not to be taken as legal advice. If you have been bitten by a dog and would like to discuss the matter with a lawyer, contact the Jodat Law Group, serving clients in Venice, Florida.
Posted on 21st February 2010 by admin in Uncategorized
premises liability, premises liability attorney
There are a number of liability laws that dictate the way in which people and businesses can be held accountable for their actions. In the case of premises liability law, fault can be found with a business or individual for damage or injury incurred while on someone else’s property. This includes thins like “slipping and falling”, violent attacks, or robbery if the security was an issue.
Where Premises Liability Comes Into Play
The idea of premises liability can come into effect in any number of situations. The most common is the slip and fall case, which may seem like a simple case, but can often be hard to prosecute depending on the situation and the state in which the case is filed. In many cases, it is nowhere near straightforward.
To start with, the possession of the premises needs to be established. This is done if the person is in occupation with the goal of controlling it, or if the person is entitled to occupy the land and no one else occupies the land. In addition, it is important to determine if the plaintiff was an invitee, trespasser, or licensee. Each category will result in different levels of liability.
Plaintiff Status
Someone is an invitee if they are asked to enter the premises by the owner for a commercial benefit to the owner. The invitation can be express or just implied (as in the case of a restaurant or store). The possessor of the premises is obligated in most cases to provide safe conditions. The possessor should need to periodically inspect their property and warn any invitees of potential dangers if they exist – such as a wet floor or icy sidewalk sign.
A licensee is someone who is invited onto the premises for non-commercial purposes. Social guests are considered licensees and the possessor is considered liable if they knew or should have known about a danger on the property or if they failed to try and keep it safe. The third category, trespasser, is generally exempt from being able to hold a possessor liable as they were not permitted or invited onto the property.
This article is not legal advice. Please contact your lawyer for assistance with all legal inquiries.
Want the inside scoop on premises liability law? Visit Weinstein-Law.com based in Florida for more information.
