IN THE CIRCUIT COURT IN AND FOR CITRUS COUNTY, FLORIDA | |
SAMPLE PLAINTIFF,Plaintiff, vs.
SAMPLE DEFENDANT,
Defendant. ______________________________________/ | CASE NO.:GENERAL JURISDICTION |
COMPLAINT
Plaintiff, Sample Plaintiff, hereby sues Defendant Sample Defendant (hereinafter “Dog Owner”) and, alleges as follows:
INTRODUCTION
- 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
- 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.
- 3. Plaintiff is a Florida resident.
- 4. Defendant resides in Citrus County.
- 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
- 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.
- 7. At all times material hereto, Defendant lived with the Dog at the Defendant’s home residence (hereinafter “the Property”).
- 8. Defendant did not display in a prominent place a sign easily readable that included the words “Bad Dog.”
- 9. Defendant is the owner of the Property.
- 10. Defendant did not take any action to secure the Property against the Dog’s attacks.
- 11. On July 7, 2012, Defendant invited Plaintiff to her premises.
- 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.
- 13. The Dog was roaming freely, without a chain or a leash.
COUNT I- STRICT LIABILTY UNDER § 767.04, FLA. STAT.
(As to Defendant)
- 14. Plaintiff realleges the allegations set forth above in paragraphs one (1) through thirteen (13) as if set forth herein in full.
- 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.
- 16. As a proximate result of the Dog’s bites, Plaintiff suffered severe injuries, pain and suffering.
- 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)
- 18. Plaintiff realleges the allegations set forth above in paragraphs one (1) through thirteen (13) as if set forth herein in full.
- 19. Defendant had a duty to ensure that invitees onto the Property such as Plaintiff were safeguarded from attacks by her dog.
- 20. Defendant had cared for the Dog for years and was fully aware of its vicious nature.
- 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.
- 22. As a proximate result of the Dog’s bites, Plaintiff suffered severe injuries, pain and suffering.
- 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.