Orlando Delivery Driver Files Dog Bite Lawsuit After Sustaining Injury on the Job
An Orlando delivery driver has filed a personal injury dog bite lawsuit against a local business where he claims the bite occurred. The delivery driver has filed the lawsuit in Orange County after an incident that happened in February 2023, according to court documents.
According to the lawsuit, the driver was making a delivery to a local business in Orlando when a large dog came out of the building and allegedly bit him in the leg. The lawsuit alleges that the dog bite punctured the driver’s lower right shin causing him severe pain and personal injury.
According to the driver’s attorneys, the dog belonged to someone inside the business. Under Florida Statute 767.04, dog owners are responsible for damages suffered by an individual who was bitten by their dog, regardless of whether the bite happened in a public or private place. The lawsuit contends that the business should have been responsible for keeping the dog under control at all times. The plaintiff says that the business breached its duty of care when it allowed the dog to escape from the building and attack the driver.
The lawsuit contends that the driver suffered bodily injury, the expenses of medical treatment, mental anguish, and the loss of capacity to enjoy life. The driver is seeking a judgment against the company for an amount greater than $30,000.
Florida’s dog bite statute
Florida’s dog bite statute is defined under Florida Statute 767.04. Under the statute, the owner of any dog who bites another person is liable for damages suffered by the person regardless of the dog’s viciousness or the owner’s knowledge of such viciousness. Other states operate on a “one-bite rule” where the owner must have known the dog was a potential bite threat before a plaintiff can file suit. In Florida, the bite victim does not need to prove that the owner was negligent to recoup damages after a dog bite.
In addition, Florida’s dog bite statute provides a defense for potential dog owners. Any negligence contributed by the bitten party reduces his damages award by a percentage of the blame they contributed to the incident. This is known as a comparative negligence defense. The owner can accuse the bitten party of provoking the dog and causing the bite. In Florida, if it is determined that the bitten party contributed more than 50% negligence to the incident, they would be prevented from pursuing damages against the owner.
In the case mentioned above, the driver is suing the business. It is unclear if he has also named the dog’s owner in the lawsuit. The dog’s owner would certainly be liable, but what about the business? In this case, the plaintiff will have to prove his case on the grounds of premises liability. He will accuse the business of operating an unsafe premises by negligently allowing a dangerous dog to break free.
Talk to a Tampa, FL Dog Bite Attorney Today
Have you been bitten by a dangerous dog? If so, the Tampa personal injury attorneys at The Matassini Law Firm can help you file suit against the owner and recover damages related to your injuries. Call our Tampa personal injury lawyers today to schedule a free consultation, and we can begin preparing your case right away.
Source:
fox35orlando.com/news/orlando-delivery-driver-files-lawsuit-after-dog-attacks-him-on-the-job
