Dog Bite Common Law
1Elements and Case Citations
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Common law dog bite claims may be brought against dog owners to the extent not covered by Florida’s Dog Bite Statute (Florida Statute §767.04). Claims may be brought against land owners or landlords where:
- Defendant had actual knowledge of a tenant’s dog’s presence;
- Defendant knew or should have known of the dog’s vicious propensities;
- Plaintiff was attacked by the dog on the premises; and
- Plaintiff suffered damages caused by the attack.
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- The rest of the elements for this cause of action;
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- The statute of limitations; and
- The defenses to this cause of action.
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[/MM_Access_Decision] [MM_Access_Decision access='true']Common law dog bite claims may be brought against dog owners to the extent not covered by Florida’s Dog Bite Statute (Florida Statute §767.04). Claims may be brought against land owners or landlords where:
- Defendant had actual knowledge of a tenant’s dog’s presence;
- Defendant knew or should have known of the dog’s vicious propensities;
- Plaintiff was attacked by the dog on the premises; and
- Plaintiff suffered damages caused by the attack.
FLORIDA STATE COURTS
Supreme Court: Noble v. Yorke, 490 So.2d 29, 31-32 (Fla. 1986).
First District: Bessent v. Matthews, 543 So.2d 438, 439 (Fla. 1st DCA 1989).
Second District: Sutherland v. Pell, 738 So.2d 1016, 1017 (Fla. 2d DCA 1999).
Third District: Rosseau v. Fintz, 711 So.2d 1352, 1353 (Fla. 3d DCA 1998).
Fourth District: Martin v. Gulfstream Metal Plating, Inc., 977 So.2d 688, 689-90 (Fla.4th DCA 2008); Sanzare v. Varesi, 681 So.2d 785, 786 (Fla. 4th DCA 1996).
Fifth District: Maher v. Best Western Inn, 717 So.2d 97, 99 (Fla. 5th DCA 1998); Giaculli v. Bright, 584 So.2d 187, 189 (Fla. 5th DCA 1991).
2 Defenses to Claim for Dog Bite Common Law
(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 1.
(2) Statute of Limitations: § 95.11(3)(a), Fla. Stat. (four years).
(3) Provocation: Where plaintiff provoked the dog before being attacked, a dog owner is not liable. See Noble v. Yorke, 490 So.2d 29, 31-32 (Fla. 1986).
(4) Off premises: A landowner will not be held liable where the dog bite occurs off the premises. See Tran v. Bancroft, 648 So.2d 314, 315 (Fla. 4th DCA1995).
(5) Employee’s dog: An employer is not liable for its employee’s dog’s attacks where employee: (i) brought the dog to work without employer’s consent; (ii) the dog is of no benefit to employer; (iii) the dog’s presence is outside the scope of employment; and (iv) employer is unaware of the dog’s vicious propensities. Poling v. Peter R. Rylance, 388 So.2d 353, 354 (Fla. 4th DCA 1980); Roberts v. 219 South Atlantic Blvd., Inc., 914 So.2d 1108, 1109 (Fla. 4th DCA 2005).