Florida Woman Unleashes Great Dane on Deputy: Dog Bite Liability and Criminal Charges
In Florida, a disturbing incident unfolded where a woman allegedly unleashed her Great Dane on a deputy, raising serious questions about dog bite liability and the potential for criminal charges. According to Fox 13 News, the incident occurred when a Polk County Sheriff’s deputy responded to a call regarding possible theft of utilities at a home in Lake Wales. The suspect, Tiffany Perkins, 28, is accused of releasing her dogs at two Duke Energy employees. When the deputy attempted to arrest her, one of the Great Danes attacked, causing injuries to his arm and eye. This incident shines a light on Florida’s dog bite laws and the responsibilities of dog owners.
Florida’s Strict Liability Dog Bite Law
Florida operates under a “strict liability” dog bite law, as outlined in Florida Statute 767.04. This means that a dog owner can be held liable for damages if their dog bites someone, regardless of whether the owner knew the dog could be dangerous. According to Lorenzo & Lorenzo, this statute holds true regardless of whether or not a dog owner has prior knowledge of the dog’s aggressiveness, which makes Florida a strict liability state when it comes to dog bites. This law aims to protect victims and ensure that dog owners are held accountable for their animals’ actions.
To establish liability under Florida’s dog bite statute, two key elements must be proven:
- The dog bit the victim.
- The victim was in a public place or lawfully on private property.
If these elements are met, the dog owner is responsible for the damages suffered by the victim.
Criminal Charges for Dog Owners in Florida
Beyond civil liability, dog owners in Florida can also face criminal charges in certain situations. According to Rossen Law Firm, it is possible to be charged with either a misdemeanor or a felony in Florida if your dog bites or injures someone. Florida Statute 767.13 states that “a dog’s owner can be charged with a misdemeanor if a dog classified as “dangerous” by the Animal Control Board attacks or bites a person or a domestic animal without provocation”. Even if the dog was not officially classified as dangerous, if the owner knew the dog had been aggressive in the past, the owner can still be charged.
According to the 2024 Florida Statutes, if a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for 10 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner.
Furthermore, if a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In the case of Tiffany Perkins, she faces serious criminal charges, including aggravated battery on law enforcement, aggravated assault on law enforcement, resisting with violence, and animal cruelty. These charges reflect the severity of the incident and the potential consequences for intentionally using an animal to harm another person.
Defenses to Dog Bite Claims in Florida
While Florida’s dog bite law is strict, there are certain defenses that a dog owner may raise to reduce or eliminate their liability. These defenses include:
- Trespassing: If the victim was unlawfully on the owner’s property, the owner may not be held liable.
- Provocation: If the victim provoked the dog into biting, the owner’s liability may be reduced.
- Comparative Negligence: If the victim’s negligence contributed to the biting incident, the owner’s liability may be reduced by the percentage of the victim’s negligence.
- “Bad Dog” Sign: According to Florida Statute (FLSA 767.04), a dog owner is not liable for dog bite injuries on their property if, at the time, they had a prominent and readable sign that included the words “Bad Dog.” However, this may not protect the dog owner from a lawsuit if the dog bite victim is under the age of 6 or if the dog bite was due to the owner’s negligence.
It’s important to note that these defenses may not apply in all cases, and the outcome will depend on the specific facts and circumstances.
Seeking Compensation for Dog Bite Injuries
Victims of dog bites in Florida have the right to seek compensation for their injuries and damages. According to Florida Legal Law, this compensation is typically divided into two categories: economic and non-economic damages. Economic damages refer to tangible costs like medical bills and lost wages, while non-economic damages encompass intangible losses such as pain and suffering and emotional distress.
Damages that may be recovered in a dog bite case include:
- Medical expenses (past and future)
- Lost wages
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Permanent disability
The amount of compensation a victim may receive will depend on the severity of their injuries, the cost of medical treatment, and the impact of the injuries on their life.
The Importance of Responsible Dog Ownership
The case of the Florida woman who unleashed her Great Dane on a deputy serves as a stark reminder of the importance of responsible dog ownership. Dog owners have a legal and ethical obligation to ensure that their animals do not pose a threat to others. This includes properly training and socializing their dogs, keeping them securely contained, and taking precautions to prevent bites.
Failure to do so can result in serious consequences, including civil liability, criminal charges, and the potential loss of their beloved pet.
Legal Advice
If you have been injured by a dog bite in Florida, it is important to seek legal advice from an experienced personal injury attorney. A lawyer can help you understand your rights, assess your legal options, and pursue the compensation you deserve.