Attorney Argues 'Stand Your Ground' Law in Florida Dog Bite Case
A Florida attorney attempting to save the life of Padi, a rescue dog that bit a young child in June 2015, has cited the state’s controversial “Stand Your Ground” law while arguing that the euthanasia case initially filed by county animal services should be dropped.
The attorney representing the veterinarian who took Padi in to his clinic, contends that the Florida law violates the animal owner’s rights to “due process” by not allowing provisions for defense, or other exceptions. In his argument, the attorney likened the current guidelines to requiring the euthanizing of police dogs that injure suspects.
According to the lawsuit, Padi allegedly violently attacked a 4-year-old child at the veterinary clinic while “playing fetch” when the child wandered into the vet’s office. The family of the child, and his supervising babysitter, maintain that Padi’s attack was unprovoked.
However, the vet, Paul Gartenberg, maintains that the child was improperly supervised, and that the boy cornered the dog underneath his office desk, making the dog feel “concerned.” This has been a key facet of Britt’s use of the “Stand Your Ground” defense.
The case has drawn the attention of a number of political figures, including State Rep. Greg Steube, who recently filed legislation that addresses the apparent flaw in the state’s dog bite guidelines.
Handling Dog Bite Cases
Not all cases involving dog bites are severe. For the most part, cases regarding the personal injury suffered from a dog bite involve larger animals, such as German Shepherds, Pit Bulls and Rottweiler’s. However, the majority of dog bite claims involve smaller breeds, such as Chihuahuas, Cocker Spaniels and Poodles.
The difference is in the severity of the injury – large breeds can cause lasting, devastating damage and smaller dogs typically cannot inflict the same degree of harm.
Pursuing damages in dog bite cases can be quite subjective. Many injuries are purely cosmetic, so it can be difficult to prove a certain degree of pain and suffering. However, if there is significant disfigurement, or lasting disability, or if there has been significant emotional or psychological trauma, that will weigh heavily when settling on damages.
Have You Suffered a Dog Bite in Southern California?
In California, if your dog bites someone, you (as the owner) are unquestionably liable. It is not necessary to prove negligence in the event that your dog bites and harms another individual.
If you or someone you love has suffered from a dog bite in Southern California, it is important that you enlist the help of a personal injury attorney, to discuss the recovery of any damages.
In Woodland Hills, California, the MCIS Lawyers personal injury law firm are experienced in handling personal injury claims stemming from dog bite incidents. The most important aspect of these types of cases is the investigation, and you (as a victim) need a qualified attorney who is committed to conducting a though investigation.
We don’t just provide the sound legal advice you need – our attorneys can connect you with professionals who can assist your recovery, including doctors or other medical personnel. We are committed to helping you build the strongest case possible and achieve a favorable outcome.
To schedule your preliminary consultation, or to discuss your personal injury claim with one of our attorneys, we welcome your call today at (855) 669-9090.