Florida Injury Lawyer Blog

In just a 9-day time span, two Florida toddlers have lost their lives because the family pet suddenly attacked them in separate vicious, unexplainable attacks.

A pet 8-year-old male Weimeraner bit Liam Perk, a two-year-old from Cape Coral, on the neck on December 22nd. Tragically, the boy died after being rushed to the hospital for treatment. The dog, which by all reports was a well-behaved, indoor pet, bit Liam as he walked past the animal. On December 13, 2009, a 20-month old boy, Dallas Walters, was killed in New Port Richey, Florida, after being mauled by his aunt's pet Rottweiler inside her residence. In Liam’s case, although the story reported by the AP Wire services and picked up around the country stated the dog apparently attacked without provocation, there are those that feel that is unlikely.

Lee County Chief of Animal Services, Adam Leath, seems to be of the belief that there must have been something Liam did to cause the dog to turn on him. "Animals will react in a fight or flight response depending on the circumstances," Leath told the Fort Myers News-Press. There are still other experts in the field of animal behavior who feel that even the most mild mannered, well trained dogs will lash out if they feel they are being mistreated, attacked or provoked to fight for their lives. Patrick Logue, an advanced dog behavioral therapist and trainer, adds this advice.” Dogs use body language and vocal tones to communicate," he said. "You want to make sure kids don't play too rough with a dog, even if they're having a good time. A dog might nip at a child even if it's playing because that's how a dog communicates.” We have all heard stories about young children who will playfully pull a dog’s ears or tail, and the dog may go years, or even its entire lifetime, seemingly unfazed by that type of treatment. But the fact of the matter is it may not take much to cause the dog to snap back, or worse.

The two Florida deaths brought the total of fatal dog attacks in the United States to 30 during 2009. Although many people believe that dog attacks involve stray dogs, the fact is that 75% of such occurrences involve the family pet, and happen in the family home. More than half of the victims of serious dog bites are kids. Parents have a responsibility to teach their kids the dangers involved with pet ownership, and many feel the subject needs to be addressed in elementary schools.

The American Humane Society says that children must learn the following basics about dog safety:

• Never approach an unknown dog or a dog that is alone without its owner, and always ask the owner’s permission before petting it.
• Never approach an injured animal – go find an adult who can get it the help it needs.
• Never approach a dog that is eating, sleeping, nursing or has something it likes – like a bone or toy.
• Don’t poke, hit, pull, pinch or tease a dog – the dog may not realize you’re just playing.
• Don't chase or run from a dog.

A complete list and explanations outlining dog bite laws can be found here: Florida dog bite law statutes.

Bruce L. Scheiner, a Florida personal injury attorney and Senior Lawyer at Associates and Bruce L. Scheiner Personal Injury Lawyers, P.A., has witnessed firsthand the catastrophic and devastating results of a dog attack. “My heart goes out to little Liam Perk’s family, especially with the event happening just three days before Christmas,” says Scheiner. “No matter how docile and cute a family pet may be, people need to understand that occasionally the slightest irregularity can cause them to seriously injure or even kill a person, seemingly for no reason.”

Victims of dog attacks have rights under the law, and the entire family of expert attorneys and support staff at Associates and Bruce L. Scheiner Personal Injury Lawyers believes that justice is worth fighting for. If you or someone you know has been injured by a dog bite, we invite you to call us at 1-800-Dial-BLS, or visit our website at www.focusedonjustice.com.

Dog bites and attacks are in the news again in Ft. Myers, FL. On August 6, 2009 the Ft. Myers Police responded to a call where a Pit Bull inflicted serious injury on a 5-year-old child. The dog had just been purchased the day before and has been turned over the Animal Control Services. Before and after purchasing a dog you should be informed. Look at the Center for Disease Control (CDC) web site http://www.cdc.gov/HomeandRecreationalSafety/Dog-Bites/biteprevention.html
for helpful information that may prevent more dog bites from happening.

The United States has almost 75 million dogs, including many that bite people. According to the CDC each American has a 1 in 50 chance of getting bitten by a dog in any given year. During an average year, 4.5 million dog bites occur in the USA and more than three-quarters of a million people require medical care.

Posing an extra risk, three breeds cause 74% of the most serious injuries: Pit Bulls, Rottweilers, and Presa Canaries. In a three-year period 2006 through 2008 Pit Bull type dogs killed 52 Americans and accounted for 59% of all fatal attacks. More information about this will be found at the National Dog Bite Victims Group web site: http://www.dogsbite.org/

At least 500 U.S. cities have adopted bread specific laws. Ohio is the only state so far which regulates Pit Bulls. The only county in Southwest Florida which currently has breed specific laws is Miami-Dade County. It is illegal in Miami-Dade County to own or keep Pit Bull Dogs, American Staffordshire Terriers, Staffordshire Bull Terriers, or any other dog that substantially conforms to any of these breeds’ characteristics. Acquisition or keeping of a Pit Bull dog: $500.00 fine and County Court action to force the removal of the animal from Miami-Dade County.

Although Pit Bull advocates don’t blame the dog itself, but blame the owner for not training the dog properly, fatal attacks persist. To help prevent children from being bitten by dogs, the CDC recommends teaching the following basic safety tips:

* Do not approach an unfamiliar dog.
* Do not run from a dog or scream.
* Remain motionless (e.g., "be still like a tree") when approached by an unfamiliar dog.
* If knocked over by a dog, roll into a ball and lie still (e.g., "be still like a log").
* Do not play with a dog unless supervised by an adult.
* Immediately report stray dogs or dogs displaying unusual behavior to an adult.
* Avoid direct eye contact with a dog.
* Do not disturb a dog that is sleeping, eating, or caring for puppies.
* Do not pet a dog without allowing it to see and sniff you first.
* If bitten, immediately report the bite to an adult.

If you or a loved one has been injured by a dog, contact Associates and Bruce L. Scheiner, Personal Injury Lawyers today to learn more about how we will fight for your legal rights, and stand by your side during what can be a traumatic life event. We’ve been focused on justice since 1971. You will benefit from our experience and you pay us nothing unless we win.

Each year, more than 4.7 million people are the victims of dog bites, and over 800,000 require serious medical attention. Those at the highest risk are children between the ages of 5 and 9, and there are an average of a dozen deaths annually. Sadly, these incidents are largely preventable through the responsible ownership and proper training of dogs, according to the American Veterinary Medical Association, (AVMA).

Part of the problem is the belief that only so-called “aggressive” breeds of dogs are likely to attack and bite a person. In fact, there is little scientific evidence to support that claim, and even the most loveable appearing dogs may actually be the ones to attack. The bottom line is that whether it is a pit bull or a poodle, safety and caution remain the rule when one is near a dog of any kind.

Florida personal injury lawyers are vigilant in cautioning people who may be at risk of serious dog bites, and urge the use of some preventative measures to ensure their safety. Since children are most often the victims of dog bite attacks, it is recommended you should NEVER leave an infant or young child alone or unsupervised around dogs. Kids need to be taught how to properly behave around not only strange dogs, but their own pets as well. Sudden movements, disturbing a dog that is sleeping, caring for their pups or eating can result in startling the animal, and triggering its natural protective mode. Other tips include never running past a strange dog, or attempting to pet it while reaching through or over a fence. Dogs are naturally inquisitive, and will approach humans to initially determine whether they pose a threat. Even though their tail may be wagging and the dog appears friendly, it is advised that you remain still while the dog investigates you by sniffing your scent.

Should a dog approaches you in an aggressive or threatening manner, do not panic. Yelling or sudden movement will only serve to further upset the dog. Remain calm, do not make eye contact and either stay still or attempt to back away slowly. Do NOT turn and run. The contraction of rabies is extremely rare in dog bite incidents, although a veterinarian should immediately check the dog involved in an attack for an anti-rabies prophylaxis, if possible.

Recently, and 18-month old Cape Coral toddler was seriously attacked by her own family pet, and is currently undergoing extensive reconstructive and rehabilitative procedures. Everyone from the child’s parents, to neighbors who had come in contact with the family’s Siberian Husky, stated the dog had never exhibited aggressive behaviors or otherwise acted in a threatening manner. This tragically illustrates how little is actually known about just what could provoke even the most gentle and loving family pet.

There are laws on the books to help reduce the incidents of people being attacked by an aggressive dog. According to Section 13 of the Lee County Ordinance 9-20, “It shall be unlawful for any person owning or having possession, charge, custody or control of any animal, to permit the animal to stray, run, go or roam at-large in or upon any public street, sidewalk, school grounds, in the area of school vehicles, beaches, parks or on the private property of others without the consent of the owner of such property”. But even with these existing covenants, many irresponsible dog owners continue to ignore the laws, and allow their dogs to roam free.

“Dogs can be a wonderful addition to any family, providing years of companionship and comfort”, says attorney Bruce L. Scheiner, founder of Associates & Bruce L. Scheiner Personal Injury Lawyers. “However, serious injuries and even death are not uncommon when dealing with any animal. The seemingly innocent occurrence of jogging along your neighborhood street can unfortunately result in an unprovoked dog attack.”

The Florida injury lawyers at Associates and Bruce L. Scheiner, Personal Injury Lawyers, begin 2009 with a new toll-free phone number, 1-800-Dial-BLS.

Whether you are injured in a car accident, motorcycle accident, truck accident or are the victim of a drunk driving crash or other personal-injury or wrongful-death situation, representatives are available 24 hours a day at 1-800-Dial-BLS to review your case.

The firm has four decades of experience handling car accidents and other personal injury cases throughout Southwest Florida, including Fort Myers, Naples, Cape Coral, Arcadia, Port Charlotte, Venice and Sebring.

Started in 1971 by Bruce L. Scheiner, the family-run firm is dedicated to representing Florida residents who have been injured by the negligent or careless acts of other individuals, businesses or insurance companies.

The firm has never worked for big businesses or insurance companies and practices exclusively in the area of personal injury law. Unlike many other firms, which split their attention between personal injury cases and other types of law, like divorce, real estate and criminal cases, Associates and Bruce L. Scheiner, Personal Injury Lawyers, is a team of almost 100 professionals dedicated to fighting for justice for those how have been injured or killed in Florida.

Bruce L. Scheiner still hand selects each case the firm represents. Together with his wife Cheryl, who runs the office, and son, Preston J. Scheiner, who is an associate attorney, the Scheiner team is dedicated to getting you and your loved ones the compensation you deserve.

After four decades of service in Southwest Florida, there promise to you is simple: at Associates and Bruce L. Scheiner, Personal Injury Lawyers, you'll pay nothing unless we win.

Look for the new toll-free hotline throughout Southwest Florida, on billboards, on television, in the yellow pages and online.

Continue reading "Florida injury lawyers debut 1-800-Dial-BLS, for car accident, motorcycle accidents, truck accidents and other personal injury questions in Southwest Florida" »

Dog bites and dog attacks in Southwest Florida made news again this week when Cape Coral authorities announced they were searching for two Rottweilers that attacked a 74-year-old man walking his two Schnauzers.

The dogs have not been located, making it likely the man will have to undergo a 30-day period of rabies shots at a cost of $1,500 unless the dogs can be quarantined for 10 days, according to an article in The News-Press of Fort Myers.

The dogs apparently attacked the man on Nov. 6 as he was walking his mini-Schnauzers at 10:30 p.m. They carried off one of the small dogs and the man was knocked down and bit on the left hand and leg while retrieving his pet.

While many of us have loving pets that are like members of the family – nationwide, more than 1,000 people each day suffer dog bites serious enough to visit the emergency room and three times that number require some lesser form of medical attention, according to the Centers for Disease Control and Prevention.

Being a dog owner also comes with responsibilities. If you or someone you love is bitten by a dog, there may be things you can do to protect your rights.

Continue reading "Cape Coral dog bite victim faces costly, painful recovery" »