Dog Attack Results in Fatality in Panama City Beach

A Panama City beach man has died after a vicious dog attack in his neighborhood last week. The 49-year-old decedent died recently at a local hospital. According to reports, he was attacked by his neighbor’s mixed breed pit bull at his home on Laird St. The neighbor and owner of the dog was initially charged with resisting arrest without violence, and obstruction, for blocking animal control officers from entering his home. Police say they will not pursue any other charges against the neighbor.

Reports indicate that the decedent spent five days in Ascension Sacred Heart Bay’s intensive care unit before succumbing to his injuries. His family has filed a wrongful death claim against the owner of the dog.

Their attorney says that seeking monetary damages is the only form of justice the family can pursue in a tragic case like this.

Florida’s dog bite laws 

In Florida, it is possible for a dog owner to be held accountable for a dog attack both criminally and civilly. We’re personal injury lawyers, so we handle the civil side of things. When it comes to civil liability, Florida is a strict liability state. That means an owner can be held liable for a dog bite, even if they were not previously aware of the aggressive nature of the animal. Importantly, Florida’s dog bite laws do not require the victim to prove their injuries were a result of the owner’s negligence.

Under Florida’s dog bite laws, a dog owner can be held liable for injuries when it can be proven that the dog bit the victim and that the victim was either in a public space or lawfully on private property. When a victim is injured under circumstances other than those listed above, it may still be possible to bring a personal injury claim against the owner. In these cases, the victim would have to prove that the owner acted negligently or failed to use reasonable care, which ended up causing their injury.

In that case, victims would be able to recover compensation for their injuries under one of the following common law claims:

• Negligence – an owner can be found negligent when they fail to provide a level of care similar to how another reasonable person would have acted under the same circumstances.
• Negligence per se – dog owners can be held liable when they violate statutes or regulations that are put into place to protect and ensure the safety of the public.
• Scienter – meaning “knowledge” in Latin,  if a dog owner has foreknowledge of a dog’s attack history or attempted bites, they can be held liable for damages. This is known as the “one bite rule.”
• Intentional tort – if an owner instructs their dog to attack another person, they can be held liable for an intentional tort. They may also be held liable under criminal statutes for battery.

Talk to a Tampa FL dog bite attorney today 

Florin Gray represents the interests of dog bite victims in civil lawsuits filed against negligent dog owners. Call our Tampa personal injury lawyers today to schedule an appointment and we could begin discussing your lawsuit right away.

Source: 

mypanhandle.com/news/local-news/bay-county/victim-of-dog-attack-has-died-his-family-now-looking-to-build-a-civil-case/