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Dog Attacks 10 Year Old Boy

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On Wednesday, January 09, 2013, a 10 year-old Miami boy was attacked by a dog causing permanent injuries. Dog bite injuries are not uncommon to Miami-Dade County and throughout Florida. The 10 year-old boy is now recovering at Jackson Memorial Hospital from a deep dog bite wound to his right leg. The attack happened in the area around NW 10 Avenue and NW 108 Street. Fortunately, Police arrived at the scene of the dog attack. The dog then attempted to attack the police and officers opened fire on the dog killing it.

The dog who attacked the boy was not without an owner. Chris Fuentes, the dog’s owner, told the press that at the time of the attack the dog was not on a leash.  However, he claims that his property was secure and the dog was kept within the property behind a chained fence.  He was unsure of how the dog got off his property. Mr. Fuentes also alleged that his dog had never been aggressive with another individual.

Unfortunately, a small child was permanently injured and possibly scarred for life as a result of this dog attack. His family may have a cause of action against Mr. Fuentes the dog owner. In addition, if the property where the dog was residing was owned by another individual, the victim maybe able to bring a lawsuit against the land owner. The family should retain a local personal injury attorney in order to determine if their is a case.

Florida has clear laws regarding dog bites and the liability of dog owners/property owners. Florida is not a one free bite state, meaning that although a dog has never exhibited aggressive behavior, owners are still liable for a dog’s first attack. In addition, it is reported that the dog was able to exit off its owner’s property. Therefore, a personal injury attorney would want to investigate who constructed the fence and the maintenance of such fence. In addition, a personal injury attorney would need to investigate whether the dog was provoked by the child, obtain the animal control file on the dog, obtain the 911 tape, and obtain the police report. Finally, since the owner has been so forthcoming, it would also be important to preserve all of Mr.Fuente’s statements.

Unfortunately, even if there is no question regarding the liability of the dog owner/property owner, the victim may not be able to recover due to a frequent insurance clause exemption regarding dog bites placed in insurance policies.

The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases such as dog bite cases. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases.

If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at 305-704-7415.

Motorcycle Accident in Florida Keys

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Longtime Keys resident and biking enthusiast, Marlin Joyce Gunter, died on Saturday near mile marker 29 while driving her motorcycle.  At the time of the incident, Marlin Joyce Gunter was aboard a 2004 Harley driven by Thomas Bateman. They were allegedly rear ended by a 1993 Chevrolet car which pushed the motorcycle into a 1990 Jeep vehicle. Florida Highway Patrol (FHP) reported that the impact caused the motorcycle riders to be thrown onto the highway. Marlin Joyce Gunter was confirmed dead at Fishermen’s Community Hospital as a result of the car vs. motorcycle accident. Bateman remains in critical condition in an induced coma at Jackson Memorial Hospital. Gunter’s death was reportedly the 17th traffic related death south of Florida City this year.

Ironically, for the past year, Joyce Gunter fought and won her battle against cancer. At the time of the car accident, Joyce Gunter was working hard to regain her strength and in fact, she had recently begun riding motorcycles again after her fight with cancer.

By far, helmets remain the most effective way to prevent motorcycle accident related fatalities. In 2008, 43% of fatally injured motorcyclists were not wearing helmets. The U.S. Department of Transportation discusses a brief statistical summary of motorcycle accidents http://www-nrd.nhtsa.dot.gov/Pubs/811642.pdf.
Florida’s growing population and growing number of motorcyclists only increase the probability of motorcycle accidents, car accidents, and car vs. motorcycle crashes. Interestingly enough riders aged 45-54 were the age group who experienced the largest number of motorcycle related deaths in Florida. Most motorcycle accidents in Florida occur in Miami-Dade, Volusia, Hillsborough, Palm Beach, Broward, Duval, Orange, Pasco, and Brevard counties.
If you are involved in a motorcycle accident, it is important that you remember the following things: 1) remain at the scene of the incident; 2) try to check and identify what your injuries are; 3) call the police and file a police report; 4) get the other driver’s information, including insurance information; 5) make sure that you see a doctor or seek medical attention even if you have just a few symptoms or complaints; 6) take pictures of your vehicle, the other driver’s vehicle’s, your injuries, the other person’s injuries, and the scene of the accident; 7) gather any documents proving your inability to work, medical expenses, etc.
It is very important to contact an attorney that is experienced in handling motorcycle accidents. If you are involved in a motorcycle accident, contact a motorcycle accident lawyer as soon as you can in order to make sure that the needed evidence to prove your case is preserved. Jeffrey R. Davis, P.A. has vast experience dealing with motorcyle accidents. There are many factors in any case that can affect the amount of damage that you receive to compensate you for your injuries, hiring an attorney like Jeff Davis to handle your motorcycle accident case can help you obtain the justice that you deserve.