Two recent dog attack cases in Jacksonville have put a spotlight on a question many Floridians may not know the answer to: Can a dog owner \u2014 or even someone simply watching a dog \u2014 face criminal charges when an animal seriously injures or kills someone?<\/p>\n
The short answer, according to local attorney Millicent Daniels, is yes.<\/p>\n
Daniels joined us for Tuesday\u2019s \u201cJustice 4 All\u201d segment on The Morning Show to break down Florida\u2019s dog bite laws and explain the dual criminal and civil exposure dog owners and caretakers face when an attack occurs.<\/p>\n
The conversation was sparked by two high-profile local incidents.<\/p>\n
On Jacksonville\u2019s Westside, Melvin Suffrant was arrested in connection with a deadly dog attack that killed a 59-year-old man two years ago. Suffrant now faces manslaughter charges.<\/p>\n
Separately, 80-year-old Carl Graham is recovering and learning how to walk again after being mauled by two pit bulls at his daughter\u2019s Westside home while picking up his grandson. <\/p>\n
Animal care officials deemed the dogs dangerous and called for their removal, but a judge allowed the family to keep them \u2014 citing that Graham had entered the property without first calling the owner, as he had been advised to do.<\/p>\n
Criminal vs. civil liability<\/p>\n
Daniels explained that dog bite cases like these fall into two distinct tracks: criminal and civil.<\/p>\n
\u201cIf a dog owner understands and knows that their dog is dangerous \u2014 in that situation, the owner has now been criminally charged with manslaughter because the owner knew or should have known that the dog was very, very dangerous and that this was bound to happen,\u201d she said.<\/p>\n
On the civil side, Florida law imposes strict liability on dog owners when their animal bites someone in a public place or while the victim is lawfully on private property.<\/p>\n
\u201cIf your dog bit someone, and it causes injury, and they\u2019re either in a public place or lawfully on private property, you are strictly liable for damages,\u201d Daniels said.<\/p>\n
Daniels acknowledged that the Graham case may leave some feeling the system fell short, but she explained the judge\u2019s reasoning.<\/p>\n
\u201cThe owner of the dogs told the judge that she had instructed her dad or her uncle to go ahead and call prior to actually entering the property,\u201d she said. \u201cI believe that those are the items that influenced the judge not to temporarily remove the animals from the property.\u201d<\/p>\n
Still, Daniels said Graham has a viable path to civil recovery under Florida\u2019s strict liability statute.<\/p>\n
\u201cHe was injured, he has a significant injury, and it\u2019s very clear that he was lawfully on private property,\u201d she said. \u201cHe can pursue a claim for damages under Florida strict liability statute that would take care of his medical expenses, pain and suffering, loss of income, and any other items that he wishes to compile in that claim.\u201d<\/p>\n
You don\u2019t have to own the dog to be liable<\/p>\n
Another case out of Brevard County raised different questions when a woman was killed in May, and someone other than the dog\u2019s owner is now facing manslaughter charges. <\/p>\n
Daniels said that the scenario is more common than people may realize.<\/p>\n
Florida law looks at two things when assigning liability: control and custody of the animal.<\/p>\n
\u201cEven if you are not the owner \u2014 let\u2019s say you\u2019re the dog sitter, a caretaker or a dog walker \u2014 if that dog actually injures someone and your carelessness or negligent actions contributed to that injury, you still may be on the hook, either criminally or civilly, for the actions of the dog,\u201d Daniels said.<\/p>\n
Her bottom line: \u201cControl can equal responsibility for a dog\u2019s actions and behavior.\u201d<\/p>\n
One more thing: Your insurance<\/p>\n
Daniels also noted that the type of dog an owner keeps can affect their homeowners\u2019 insurance policy \u2014 something many people may not consider until it\u2019s too late.<\/p>\n
\u201cWhenever I\u2019m kind of re-upping my homeowners\u2019 insurance, I always get this question about what pets and animals are in the home,\u201d she said, underscoring that the financial exposure for dog owners extends well beyond the courtroom.<\/p>\n
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