The Tampa Tribune
Published: May 1, 2009
I grew up watching westerns. Hollywood seldom makes them anymore. But in my
youth; Tom Mix, Hoot Gibson, Gene Autry, the Lone Ranger and John Wayne were
staples. My favorite cowboy, however, was Roy Rogers. He rode, he could
shoot, and he always seemed to get the girl by the end of the movie. In
addition to Dale Evans, Gabby Hays and the Sons of the Pioneers, Roy had two
other trusted companions. Those four-legged companions were "Trigger," his
palomino horse that seems capable of any equestrian feat and "Bullet," his
faithful dog.
Much like the old westerns, dogs and horses are found aplenty in rural
counties such as Pasco County. Practicing in Pasco, I occasionally meet
people who have suffered a dog bite or are injured by a horse. The cases
fortunately aren't that frequent, but the injuries suffered can be horrific.
Dog bite cases are governed by Florida Statute. The law provides that the
owner of any dog that bites any person while such person is in a public
place - or lawfully on or in a private place such as the home in which the
dog resides - is responsible for the injuries caused by the dog. The owner
is strictly liable for injuries caused by the dog bite. Strict liability
means that the victim need not prove that the owner was negligent in the
care or keeping of the dog. There is no "free bite" as exists in some other
states. That is, the owner is responsible regardless of whether the dog
previously displayed any viciousness. The owner's lack of knowledge
regarding the dog's viciousness is irrelevant.
A person unlawfully on the property is not protected. Thus, a burglar bitten
by a dog will not be permitted to recover for any injuries suffered during
the commission of the crime. A law enforcement officer, fireman, postal
worker or other person on the property to perform a lawful duty imposed on
him or her is considered lawfully on the property and is covered under the
statute. The current statute eliminated the "Fireman's Rule," which had
previously precluded recovery by police officers and firemen entering a
dwelling. A person on the property with the owner's consent is lawfully on
the property, as is a business invitee who enters during the normal course
of business.
Two, and only two, defenses are available to the dog owner. First, the jury
may consider negligence on the part of the person who was bitten. For
example, if a person provokes the dog by snatching a treat from the dog's
mouth then the victim's provocation may be considered by the jury and any
award of money will be reduced by the amount of the victim's comparative
fault. Secondly, the dog owner is not liable if at the time of the bite the
owner displayed in a prominent place on his or her premises a sign easily
readable including the words "Bad Dog." Florida courts have held that if the
sign complies with the statute, it makes no difference whether the victim
was literate or only spoke a foreign language.
This second defense does not apply if the victim is younger than 6. This
second defense may also be unavailable if the owner caused the victim to
ignore the warning sign. In one leading Florida case, for example, the court
held that the sign did not protect the dog owner when the owner told the
victim that the dog would be secured and that it was safe to enter. In
another case, the sign did not relieve the dog owner of liability because
the owner told the victim that the dog was old and arthritic and that the
sign was posted merely to discourage intruders.
