Miami Resort Injury Lawyer Blog

An eight-year old boy was recently viciously attacked outside his home by a pitbull that had escaped from its owner. The young boy suffered serious facial injuries and had to be airlifted to Broward General Medical Center after being treated on sight by paramedics. The dangerous pitbull was later caught by law enforcement, but not before dramatically changing the life of this young boy and his family.

It is important to point out that not every dog-bite case is the same. As a dog-bite victim, you should be aware of several factors that might play a role on whether a recovery of damages is possible, including, but not limited to:

• A dog owner who denies (or in fact) has no insurance;
• Witnesses who are children, family members, or incapacitated;
• Jurisdictional statutes that include unique legal concepts that determine who can and cannot be held liable for a dog bite; and,
• Determining whether the victim was contributorily negligent, through provocation or lack of adequate parental supervision in incidents where the victim is a child.

Only an experienced dog bite attorney can tell you exactly what remedies you can
pursue against a defendant dog owner. This is determined after making a thorough evaluation of your case, which includes an investigation of the accident scene, collection of evidence and insurance information, tracking down the dog owner and witnesses, and securing an expert witness to testify as to the dangerous propensity of the animal.

Remember, not every owner is insured, which might preclude a recovery of damages. For those who are, it is important to find an attorney who understands the different types of policies that cover dog bites. In 2010, insurers paid out an estimated $410 million dollars to dog bite victims. In Florida, the average amount paid out to victims was $38,356.

To stress the point further, an inexperienced attorney might not discover that a dog owner's auto insurance policy might also include umbrella coverage. The attorney might drop the case and the statute of limitations might run, which will preclude any recovery for the victim. However, an experienced dog bite attorney will know that an umbrella policy provides an opportunity for a victim to recover damages for his or her injuries.

At Alvarez & Barbara, LLP, we are experienced personal injury attorneys who represent victims of dog bite and other animal attacks. We work hard to help our clients obtain medical care, counseling services and compensation for their pain and emotional suffering.

Continue reading "Dog Bite Attacks" »

In Florida, dog owners are strictly liable for any injuries caused by their dog. Not only are they liable for injuries resulting from a dog bite, a dog owner may be held strictly liable for injuries caused by running away from an aggressive dog. A dog owner may also be held liable even if their dog is being friendly and knocks over a person.

Every year 4.7 million Americans are bitten by dogs. Of all these incidents, 800,000 receive medical treatment for their injuries. Children are most commonly victimized by dogs followed by senior citizens. Half of the children who are bitten by dogs receive medical treatment and they are mostly bitten by familiar dogs.

A single dog bite can often be an expensive proposition for an insurance company. The average payout per dog bite is $24,461. High medical costs, and serious medical complications to the victim of a serious dog bite, can also expose an insurance company to damages topping off at $1 million, and beyond. That is particularly the case given it is uncommon for victims of serious dog bite attacks to require reconstructive surgery, and other expensive medical attention.

Although dog bites occur frequently, it doesn't mean that they cannot be prevented. Bites can be prevented if warnings signs are recognized and a more sensitive and deliberate approach is taken towards dog handling.

Here are a few recommendations on how to proactively prevent dog bites:

(1) make sure your dog is continually socialized to enjoy interacting with both adults and children;
(2) train your dog so that it understands basic commands;
(3) use a leash in public;
(4) exercise your dog regularly;
(5) avoid playing rough games with your dog such as tug-of-war or wrestling; and
(6) never allow children to stand face-to-face with unfamiliar children.

A great way to avoid your dog from biting someone is to hire an experienced, certified trainer. Also, teach your children how to handle dogs and recognize their body language.

At Alvarez & Barbara, LLP, we have successfully handled dog bite claims for our clients. If you or a family member is injured by a dog, don't hesitate to contact us today for a free evaluation. As a victim of a dog bite you may be entitled to recover monetary compensation for your injuries.

According to the Palm Beach Post, a growing number of major insurers won't write insurance policies for owners of so-called bully breeds. Bully breeds comprised of dogs thought to be aggressive even if the individual dog has shown no history or inclination to attack. Pit bulls are a classic example of a "bully" breed that may jeopardize insurance coverage for the dog owner.

A single dog bite can often be an expensive proposition for an insurance company. The average payout per dog bite is $24,461. High medical costs, and serious medical complications to the victim of a serious dog bite, can also expose an insurance company to damages topping off at $1 million, and beyond. That is particularly the case given it is uncommon for victims of serious dog bite attacks to require reconstructive surgery, and other expensive medical attention.

Our dog bite attorneys continue to be concerned about the alarming rate of dog bites that occur way too frequently in Florida. Each year, more than 4.5 million people are bitten by dogs, and nearly 900,000 of them - half of whom are children - require medical care. Yet these simple tips could help avoid a dog bite.

Owners of pit bulls, including Staffordshire terriers, Dobermans, Rottweilers, chows, Presa Canarios, Akitas, huskies and wolf hybrids cannot get homeowners, condo and renters policies through Castle Key, the subsidiary of Allstate that writes such policies in Florida. United Property & Casualty Insurance excludes the same dogs as Castle Key plus German shepherds, American Eskimos or any mixed breed that is half or more of any of the banned breeds.

State Farm Insurance ignores breed and focuses on a survey dog owners must fill out before they are approved. The form asks whether their dog has a history of bites and if so what measures the owner has taken, such as obedience classes or a fence, to prevent the animal from attacking again.

Continue reading "Insurance Coverage Often Unavailable in Florida Dog Bite Cases for Dog Owners of so Called "Bully" Dog Breeds" »

This week marks National Dog Bite Prevention Week. This is a campaign started by the United States Postal Service, to call attention to the dangers of dog bites and to offer tips on how each and every individual can prevent such incidents from occurring.

Dog owners in Florida should pay special attention to the disturbing statistics regarding dog bites in Florida, and in Miami. Florida has a low tolerance for dog bite incidents. In fact, Florida statutes impose strict liability upon dog owners for a dog bite that causes injury to a human being. Florida law provides that the owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

That is the case because the facts are troublesome, and as follows:

• Nearly 4.5 billion dog million Americans are bitten by dogs each year.
• One in five bites require medical attention
• More than 31,100 people underwent reconstructive surgery due to dog bites
• Severe injuries from dog bites are highest for children ages 5 to 9 years of age.
• Three-quarters of dogs involved in bite incidents belong to the victim's family or friend. • Sixty-one percent of dog bites occur at home or in a familiar place.
• Small children, the elderly, and Postal Service carriers -- in that order -- are the most frequent victims of dog bites.
• It is also stated that the number of dog bites exceeds the reported instances of measles, whooping cough and mumps, combined.
• Dog bite victims account for up to five percent of emergency room visits.

Despite these troubling statistics, dog bites are easily preventable. It is important that all adults and children practice these simple tips:

• Never tease, pull the tail or ears, poke the eyes, throw things at, try to ride, climb over or step on a dog.
• Never touch or play with a dog while he is eating or sleeping.
• Never take a dog's toy or bone away when he is playing with it.
• Never approach a strange or stray dog -- EVER.
• Never stare directly into a dog's eyes.
• Always ask the owner first before petting a dog.
• Always let a dog sniff your hand first, then pet him under his chin or on his chest rather than on top of his head
• Always go tell an adult if you see a stray dog walking on the street.

Continue reading "Miami Celebrates National Dog Bite Prevention Week" »