Dog Bite Complaint

COMPLAINT

Plaintiff, Sample Plaintiff, hereby sues Defendant Sample Defendant (hereinafter “Dog Owner”) and, alleges as follows:

INTRODUCTION

1.                 1.                This is a statutory action against a dog owner under the Dog Bite Statute, § 767.04, Fla. Stat., and an action for negligence against the owner of the premises in which the injury took place.

JURISDICTION AND VENUE

1.                 2.                This Court has jurisdiction over this dispute because this complaint seeks damages in excess of fifteen thousand ($15,000.00) dollars, exclusive of interest and attorney’s fees.
2.                 3.                Plaintiff is a Florida resident.
3.                 4.                Defendant resides in Citrus County.
4.                 5.                Venue is proper in Citrus County, Florida because the dog bite injury from which this cause of action arises took place in Citrus County, Florida.

GENERAL ALLEGATIONS

1.                 6.                At all times material hereto, Defendant owned, controlled and/or cared for a German Sheppard (hereinafter “the Dog”), and has owned it for a number of years.
2.                 7.                At all times material hereto, Defendant lived with the Dog at the Defendant’s home residence (hereinafter “the Property”).
3.                 8.                 Defendant did not display in a prominent place a sign easily readable that included the words “Bad Dog.”
4.                 9.                Defendant is the owner of the Property.
5.               10.               Defendant did not take any action to secure the Property against the Dog’s attacks.
6.               11.               On July 7, 2012, Defendant invited Plaintiff to her premises.
7.               12.               While on the Defendant’s premises, without provocation, the Dog viciously attacked and bit the Plaintiff causing tears to her skin and severe injury.
8.               13.               The Dog was roaming freely, without a chain or a leash.

COUNT I- STRICT LIABILTY UNDER § 767.04, FLA. STAT.

(As to Defendant)

1.               14.               Plaintiff realleges the allegations set forth above in paragraphs one (1) through thirteen (13) as if set forth herein in full.
2.               15.               Under § 767.04, Fla. Stat., Defendant is liable for damages caused by her dog’s bites to persons such as Plaintiff, which are lawfully in the Property.
3.               16.               As a proximate result of the Dog’s bites, Plaintiff suffered severe injuries, pain and suffering.
4.               17.               As a proximate result of the Dog’s bites, Plaintiff incurred medical expenses and/or will incur medical expenses in the future.

WHEREFORE, Plaintiff demands judgment for damages against Defendant plus interest.

COUNT II- NEGLIGENCE

     (As to Defendant)

1.               18.               Plaintiff realleges the allegations set forth above in paragraphs one (1) through thirteen (13) as if set forth herein in full.
2.               19.               Defendant had a duty to ensure that invitees onto the Property such as Plaintiff were safeguarded from attacks by her dog.
3.               20.               Defendant had cared for the Dog for years and was fully aware of its vicious nature.
4.               21.               Defendant Dog Owner breached her duty to Plaintiff by failing to place the Dog on a leash or a chain, place him in a separate room, or take any other action to secure invitees to the Property against the Dog’s attacks.
5.               22.               As a proximate result of the Dog’s bites, Plaintiff suffered severe injuries, pain and suffering.
6.               23.               As a proximate result of the Dog’s aggression, Plaintiff incurred medical expenses and/or will incur medical expenses in the future.

WHEREFORE, Plaintiff demands judgment for damages against Defendant, plus interest.

DEMAND FOR JURY TRIAL

Plaintiffs demand a trial by jury of all issues so triable.