Final Memo
To: Prof. Lang
From: A. Foster
Date: November 23, 2010
Re: Smith’s defenses to dog bite
Questions Presented:
1) Under Florida Statute Section 767.04 which sets the defenses in which a dog owner can avoid liability due to injury caused by a dog bite, can dog owner avoid liability by using the defense of provocation for injuries caused by a dog bite when the owner’s dog bit an 8 year old child, when said minor while dressed in a cat costume came onto our client’s property, noticed client’s Yorkshire Terrier puppy, ran up to the window in which he viewed the puppy, while knocking on client’s window and yelling “trick or treat” with other costumed children on Halloween and was bitten when the owner opened the door to hand out treats to children, and the minor was trying to retrieve treats for Halloween?
2) Under Florida Statute Section 767.04 which sets the defenses in which a dog owner can avoid liability due to injury caused by a dog bite, can dog owner avoid liability for a dog bite injury to a 8 year old child by employing the defense of the presence of a proper warning sign when the 8½” x11” cardboard warning sign in which he posted in the upper pane of his living room window, which was decorated with webbing, situated on the right side of the front of his house stated “Warning “The Beast’ Lives Here”, with a picture of a Yorkshire Terrier, where the minor failed to see the sign, and after owner opened the door, minor getting bit when dog jumped up and bit his finger when minor was trying to retrieve treats for Halloween?
Short Answer(s):
1) It is most improbable that our client can avoid liability for the dog bite injury due to the requirements in the dog bite statute. The statute provides “a defense when any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident.” Fla. Stat. §
From: A. Foster
Date: November 23, 2010
Re: Smith’s defenses to dog bite
Questions Presented:
1) Under Florida Statute Section 767.04 which sets the defenses in which a dog owner can avoid liability due to injury caused by a dog bite, can dog owner avoid liability by using the defense of provocation for injuries caused by a dog bite when the owner’s dog bit an 8 year old child, when said minor while dressed in a cat costume came onto our client’s property, noticed client’s Yorkshire Terrier puppy, ran up to the window in which he viewed the puppy, while knocking on client’s window and yelling “trick or treat” with other costumed children on Halloween and was bitten when the owner opened the door to hand out treats to children, and the minor was trying to retrieve treats for Halloween?
2) Under Florida Statute Section 767.04 which sets the defenses in which a dog owner can avoid liability due to injury caused by a dog bite, can dog owner avoid liability for a dog bite injury to a 8 year old child by employing the defense of the presence of a proper warning sign when the 8½” x11” cardboard warning sign in which he posted in the upper pane of his living room window, which was decorated with webbing, situated on the right side of the front of his house stated “Warning “The Beast’ Lives Here”, with a picture of a Yorkshire Terrier, where the minor failed to see the sign, and after owner opened the door, minor getting bit when dog jumped up and bit his finger when minor was trying to retrieve treats for Halloween?
Short Answer(s):
1) It is most improbable that our client can avoid liability for the dog bite injury due to the requirements in the dog bite statute. The statute provides “a defense when any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident.” Fla. Stat. §