'Bad dog' sign may be pet owner's best defense
Mon,
Jan. 26, 2004
Q: My partner and I
were walking our two Boston terriers on Miami Beach's Lincoln Road. We bumped
into some friends who were also walking their two boxer pups. We chatted a bit,
and as the dogs sniffed each other and got acquainted they got tangled in their
leashes. When one of our friends tried to untangle them, our dog bit him on the
hand.
Our
dogs had never bitten anyone before. Now we have a legal dispute about whether
or not we're responsible for the damages suffered. We say we did nothing wrong.
Our dogs aren't pit bulls, for goodness sake. Our friends say fault doesn't
matter and we must pay. Both sides have agreed to be bound by your decision.
Who wins?
A: Many people would assume that your scenario was
just a case of ''dogs will be dogs,'' and you would have no liability for the
incident. But unfortunately for you, that isn't the law and you are legally
responsible. Most states have specific statutes that govern these situations.
Florida's
law, titled ''Damage by Dogs,'' is Chapter 767, and has an interesting history.
Its earliest sections, dating back to 1893 when our society was primarily rural
and farming was the main business, made it lawful to kill dogs that had killed
another animal, such as sheep, livestock and domestic animals. The 1901
revisions created basic no-fault liability by stating, ''Owners of dogs shall
be liable for any damage done by their dogs to a person or to any animal.''
The
1949 revision updated as Section 767.04 governs your situation. It imposes
absolute liability on the owner of any dog that bites any person in a public
place or in a private place, including the dog owner's own property,
''regardless of the former viciousness of the dog or the owner's knowledge of
such viciousness.'' If the person bitten was negligent in causing the incident,
the dog owner's liability is proportionately reduced. There is no liability for
a non-negligent bite that occurs on the dog owner's premises if there is a
conspicuous sign posted that includes the words ''Bad Dog.''
In
1990 the statute was again updated because of several pit bull maulings that
drew wide publicity. The legislators said ''that such attacks are in part
attributable to the failure of owners to confine and properly train and control
their (dangerous) dogs.'' A dangerous dog is defined as one that had previously
aggressively bitten or seriously injured a human being on public or private
property. If an incident is reported to animal control, the law requires that
such dogs be ''confined by the owner in a securely fenced or enclosed area''
pending determination of the dog's dangerous status.
If
classified as ''dangerous,'' the dog must be registered with animal control and
the owner must notify them when it is loose, sold, given away, dies, bites
another person or animal, or is moved to a new address.
In addition to causing civil liability of its owner for damages, a dog bite by a dangerous dog can result in confiscation and placement in quarantine at the owner's expense, and criminal liability based upon the severity of the incident.