Devastating Dog Attack Claims Life of 8-Year-Old Boy in Florida

An unimaginable tragedy occurred in Deland, Florida, as an 8-year-old boy lost his life after being attacked by two loose dogs near the entrance of a subdivision. The Volusia County Sheriff’s Office reported that nearby residents administered CPR and called 911, but their efforts were not enough to save the child. The dogs, identified as a pit bull and a mixed breed, have been captured and are in the custody of the county’s Animal Services agency.

This heartbreaking incident highlights the importance of understanding Florida’s laws regarding dog attacks and the legal responsibilities of dog owners.

Florida’s Strict Liability Law for Dog Attacks

Florida operates under a strict liability law for dog bites, outlined in Florida Statutes § 767.04. This means that dog owners are held responsible for injuries caused by their dogs, regardless of whether the dog has a history of aggression or if the owner was unaware of the dog’s dangerous tendencies. The law applies if the attack occurs:

• In a public place, or
• While the victim is lawfully on private property, including as an invited guest.

In this case, the attack occurred in a public area near the entrance of a subdivision, which would likely fall under Florida’s strict liability statute.

Legal Consequences for Dog Owners

When a fatal dog attack occurs, owners may face both civil and criminal consequences:

Civil Liability

The victim’s family may file a wrongful death lawsuit seeking compensation for:

• Medical expenses incurred before the death.
• Funeral and burial costs.
• Emotional pain and suffering.
• Loss of companionship and financial support.

Criminal Charges

Dog owners may face criminal charges if their negligence leads to the injury or death of another person. These charges can range from misdemeanors to felonies, depending on the circumstances.

Determining Liability

While the primary responsibility for a dog attack typically falls on the dog owner, liability can extend to other parties depending on the circumstances surrounding the incident. Florida law recognizes that certain individuals or entities may contribute to the conditions that lead to a dog attack, making them potentially liable as well. Below are scenarios where liability might extend beyond the dog owner:

Property Owners

If the dogs were kept on a property with inadequate fencing, broken gates, or other structural issues that allowed them to escape, the property owner may share liability. For example:

• Negligent Maintenance: If a property owner knowingly allows fences or gates to deteriorate, creating an opportunity for the dogs to roam freely, they could be held responsible for failing to secure the premises.
• Shared Responsibility: If the property is shared between multiple parties, such as in a homeowners’ association (HOA) or a multi-family dwelling, those responsible for maintaining common areas or fencing could also be held accountable.

Landlords

Landlords can be held liable if they knew or should have known about a tenant’s dangerous dog but failed to take reasonable steps to protect others. Situations that may result in landlord liability include:

• Prior Complaints: If other tenants or neighbors previously reported the dog’s aggressive behavior, the landlord may have had a duty to address the issue by requiring the tenant to remove the dog or enforcing safety measures.
• Failure to Act: Landlords who allow tenants to keep dangerous breeds or known aggressive dogs without proper restrictions, such as leashing or confinement, may be considered negligent.
• Unsafe Rental Property: If the property itself lacks adequate safety features, such as secure gates or fences, the landlord could share responsibility for an attack.

Animal Control Agencies

In rare instances, liability may extend to local animal control agencies if they failed to act on prior reports of dangerous behavior involving the dogs. For example:

• Ignored Complaints: If neighbors or community members previously reported the dogs as being loose or aggressive and animal control failed to respond or investigate, this inaction could contribute to the attack.
• Failure to Enforce Dangerous Dog Laws: Under Florida Statutes § 767.12, animal control agencies are responsible for identifying and managing dangerous dogs. If they fail to classify a known aggressive dog as dangerous or neglect to enforce safety requirements, such as muzzling or leashing, they may share liability.
• Negligence in Follow-Up: If the dogs were previously involved in attacks and animal control released them without implementing safeguards, this could constitute negligence.

Third Parties

Other individuals or entities may also bear responsibility depending on the situation, such as:

• Dog Sitters or Handlers: If someone other than the owner was responsible for controlling the dogs at the time of the attack and failed to restrain them, they could be held liable.
• Businesses or Organizations: If the attack occurred on a business’s property, such as a dog daycare, kennel, or grooming service, the business may be liable for failing to properly manage the dogs.

Filing a Wrongful Death Claim After a Dog Attack

The tragic loss of a loved one, especially in such a devastating manner as a fatal dog attack, can leave families searching for answers and justice. In Florida, families of victims may be eligible to file a wrongful death claim against the responsible parties. A wrongful death claim seeks to hold those accountable for their negligence or misconduct and provide financial relief to the surviving family members.

What Must Be Proven in a Wrongful Death Claim?

To successfully file a wrongful death claim related to a dog attack, the following must typically be established:

1. Duty of Care: The dog owner or another responsible party had a duty to prevent the dog from causing harm.
2. Breach of Duty: The responsible party failed to meet their obligations, such as by not properly restraining the dog.
3. Causation: The breach of duty directly led to the attack and the resulting death.
4. Damages: The death caused significant losses to the surviving family, such as funeral expenses, lost income, and emotional pain and suffering.

This tragic incident serves as a sobering reminder of the devastating consequences of dog attacks and the importance of holding negligent parties accountable. While the investigation into the circumstances of this attack continues, it is clear that Florida’s strict liability laws and safety regulations are in place to prevent such tragedies.

Our thoughts go out to the family of the young boy during this incredibly difficult time. Families affected by similar incidents should be aware of their rights and the resources available to seek justice and prevent future tragedies.