What Happens When A Dog Attack Occurs On A Rental Property?

When living in an apartment building, neighbors have to be extremely mindful not to infringe on their cohabitants. When residing in an apartment building, certain guidelines and rules are in place to protect not only the owner's property but the tenant's safety and well being. In the event a dog bite occurs on the premises of a rental property, more than one party can be held liable for the damages suffered from an animal attack. If negligence is proven on the part of the dog owner and the property owner then both parties could be held responsible.

Per Florida law, a landlord has a duty to protect its tenants in connection with a vicious dog of which the landlord has knowledge. In White v. Whitworth, 509 So. 2d 378, 380 (Fla. 4th DCA 1987), the court stated:

"A landlord who recognizes and assumes the duty to protect co-tenants from dangerous propensities of a tenant's pet is required to undertake reasonable precautions to protect co-tenants from reasonably foreseeable injury occasioned thereby."

If the lease agreement includes rules which specifically prohibit certain breeds of dogs, the landlord can be held liable for his or her failure to enforce those rules despite knowledge that prohibited dogs reside upon the premises.

If you or a loved one has been attacked by an animal, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at www.sextonlaw.com.

What Happens If You Are Partially To Blame For Your Injury?

Okay, so sometimes we as bipeds can be klutzy. Look, when you're standing on two feet you have that much further to fall than our four legged counterparts. Maybe something caught your eye and you forgot to look both ways before crossing the crosswalk not realizing the light said "Don't Walk."

Everything changes if you contributed to your own injuries. Florida has comparative negligence law, which means if you are partially responsible for the incident that caused your injuries, then your potential award at trial is reduced. But don't think because you are partially responsible that you aren't entitled to compensation.

So if you are partially to blame and another person is more than 10 but less than 25 percent at fault, you can only collect up to $200,000. If the other person is between 26 and 50 percent at fault, the most you can collect is $500,000. And if another person is more than 50 percent at fault - but you were also partially at fault - the most you can collect is $1 million.

If you or someone you know has sustained an injury and are uncertain about who's to blame, give us a call. Sometimes we chalk it up to clumsiness and move on not realizing it could very well be a combination of clumsiness and negligence. 

If you have been injured in an accident, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com to ensure that your rights are protected.

What If More Than One Person Is To Blame For Your Injury?

It isn't always a singular cause or person that is responsible for an injury you may have sustained. For example, if a pet-sitter allows a dog that local officials have already identified as dangerous off a leash, you may have a suit against the pet-sitter and the dog owner. Florida's joint and several liability rules set up a very structured system for dealing with more than one person at fault. Often times in these scenarios, one negligent act led to another.

Any person found to be 10 percent or less at fault will not pay out of pocket for any of your economic losses. Any person found to be more than 10 percent but less than 25 percent at fault will be responsible up to $500,000. Any person between 26 and 50 percent at fault will be responsible for up to $1 million of your damages. And, if a person is found to be more than 50 percent at fault, he or she will owe up to $2 million of your damages.

Another instance may be if you were to trip on a brick that jutted out into the sidewalk from a neighbors yard whose faulty landscapers built, then you are looking at two parties who share responsibility for your injuries. It comes down to cause and effect. In many cases there is more than one cause that has effected you.

If you have been injured, contact Orlando Personal Injury Attorney Jeffrey Sexton at 888-293-1144 or at sextonlaw.com to ensure that your rights are protected.