The Datny Law Firm is excited to announce that we just resolved a complex dog bite injury case for $111,000.00. Here’s what happened.
Our Client was walking her dog in the street inside her apartment complex when suddenly and without warning a large Pitbull violently attacked her dog. The mere sight of our Client’s dog on the street sent the Pitbull into an uncontrollable rage, which resulted in the large animal escaping its apartment and charging our Client’s dog at full speed. When our Client tried to protect her dog from the Pitbull, she got bit on the knee. Her dog also sustained several lacerations that had to be closed with sutures.
After the attack, the Client went to the Emergency Room at Delray Medical Center for urgent care. She had two puncture wounds to her knee, which had swelled up and was black and blue. The Pitbull was not current on its vaccinations, which required the Client to undergo rabies vaccination shots. The Client was diagnosed with a partial thickness tear of the skin with puncture wounds. Notably, the hospital bill exceeded $26,000.00.
On discharge from the hospital, the Client experienced pain and discomfort to the knee not only from the bite, but also from pivoting while fighting with the Pitbull. After examination, diagnostic testing was ordered, which showed subacute sprain/strain, soft tissue edema and remodeling of the ACL secondary to trauma. Physical therapy was recommended with a course of laser treatment to speed healing, reduce inflammation and decrease pain. She underwent the recommended treatment with significant improvement. However, she was left with residual scarring of the knee that did not abate despite laser therapy.
Notably, our Client contacted several different personal injury lawyers in Delray Beach for help. Each firm she contacted declined her case because it involved a Pitbull, which is generally excluded from insurance coverage. The Datny Law was the third or fourth firm she contacted and we agreed to take her case. Upon investigation, we learned several crucial factors that allowed us to resolve this case in excess of six figures. The first thing we discovered was the owner of the dog was not only a tenant of the building, but also employed by the complex in a management role. The second thing we learned was the complex had written policies and guidelines for tenants that 1) prohibited Pitbulls; 2) required all dogs to be current on their vaccinations; 3) to be leashed when outside; and 4) required the immediate removal of any dog that attacked a person or pet. In this regard, the third thing we discovered was the Pitbull that hurt our Client had previously attacked another person a mere two months prior and no remedial action was taken by its owner or the apartment complex.
With this information, we presented a claim to the owner of the apartment complex, which denied the claim as it did not own the involved Pitbull. We argued their liability was not vicarious but based on its own independent negligence. That is, the apartment complex had actual prior notice of the dangerous propensities of the Pitbull owned by its employee/tenant as it had been involved in a prior attack. Additionally, we argued the complex was liable insomuch as it violated its own policies by allowing its employee/tenant to have a dog on its prohibited bread list which was not vaccinated, off leash and had a history of attacks, which should have precluded it from the premises. In response, the apartment complex changed its position and agreed to pay $50,000.00 in exchange for a release as to its own alleged negligence.
As for the dog owner, we presented a claim to his/her rental insurance company under Florida’s strict liability law and obtained a bodily injury settlement of $60,000.00. We also obtained tender of the policies $1,000 med pay limits. It is worth pointing out, the callous indifference of the Pitbull owner to the known dangers his/her pet posed to the community as evidenced by the prior attack was an aggravating and punitive factor which we used to enhance the settlement value from both carriers.
One of the important takeaways from this case was with further investigation by Datny Law it became clear it involved far more than a simple dog bite, but rather viable negligence and breach of contract actions against a third-party commercial entity that did not own the involved animal. Moreover, as it relates to Pitbulls, while normally this bread is excluded from coverage under standard homeowners’ insurance policies, rental policies offer far broader and less restrictive coverage for animals, which allowed us to pursue this claim for our Client and get her a substantial settlement totaling $111,000.00.
If you need help after a dog bite or other animal attack in Boca Raton or Delray Beach, The Datny Law Firm is here to help. Call 561-221-7474 any time for a consultation with our Florida Dog Bite Attorney. We represent dog bite injury clients and other personal injury victims throughout the State of Florida from the Key West to Naples and Marco Island to Fort Lauderdale and West Palm Beach all the way to Orlando, Winter Park and Kissimmee.
***Prior results do not guarantee future outcomes, as each case is different***