Panama City Florida Injury Lawyer Blog

It was not the update we hoped to hear. It is news that has left a community in mourning. We recently discussed the contours of Florida dog bite law. We now find the same events have left a family without a child and facing a tragedy beyond any words. From a legal standpoint, the story turns from dog bite law to the wrongful death of a child. Our Panama City wrongful death attorney is prepared to help parents facing this unimaginable loss.

Seven Year Old Callaway Boy Dies After Dog Attack
In a tragic turn, The News Herald reported that a child who was left in critical condition after a dog attack has succumbed to his injuries. On Tuesday April 2, Fat Boy (an Alapaha blue bulldog) and MJ (a brindle bulldog) escaped from their owner's property on Kelly Court in Callaway. Witnesses report the dog chased another child before attacking seven year old Tyler Jett who was riding his bike. The dogs mauled the child and punctured his carotid artery before Tyler's family was able to chase them away. Tyler was taken to a local hospital and transferred to Sacred Heart Children's Hospital's pediatric intensive care unit in Pensacola. He died on Sunday at around 12:30 PM.

Following the attack, Bay County Sheriff's Office searched the home of the dogs' owner, Edward Daniela Jr., and found marijuana and drug paraphernalia. They arrested him on drug charges and added a tampering with evidence charge the following day based on allegations that Daniels washed blood off the dogs after the attack. Another update in the Herald reports that manslaughter charges have been filed since Tyler's death.

Pursuant to state law, any animal that is involved in the severe injury or death of a person will be euthanized unless an appeal is filed within ten working days. Daniels has received notice of the law and the dogs are currently in the custody of Bay County Animal Control. A spokeswoman noted that four dachshund puppies found in Daniels' home have been returned to the care of his mother who also lives in the home.

Applying Florida's Wrongful Death Act to the Death of a Minor Child
No parent should have to face the death of a child and no lawsuit can even come close to compensating someone or such a terrible loss. While it may be hard to think about, parents should know that Florida's Wrongful Death Act may apply when the death is the result of someone else's negligence or wrongful actions. This is a civil action for monetary damages and it is separate from any criminal charges. In addition to any medical or funeral expenses, the financial damages recoverable for the loss of a child include an estimate of the monetary support the child may have provided to the family. The Act also specifically provides that parents of a minor can recover damages for mental pain and suffering. Claims for wrongful death in Florida are subject to a two year statute of limitations.

In addition to being an experienced Panama City lawyer, Attorney Pittman is a proud father. Our team strives to treat every client with respect and we promise to always remember the very real lives behind every wrongful death case. We know that no lawsuit can bring back a lost loved one, but monetary damages can be crucial and can allow family members to seek needed counseling and care. If you are the parent of a child who died due to someone else's wrongful or negligent acts, please call our Panama City victim's law firm. Let us help you seek justice on behalf of your lost loved one.

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From goldfish to horses, pets are part of the family. Children and adults alike benefit from the love of a family pet. We understand this love. However, our Panama City dog bite lawyer also understands that pets are animals and that sometimes they attack. Florida law protects dog bite victims and our firm helps victims recover monetary damages following an attack.

Seven Year Old Attacked by Dogs in Callaway Neighborhood
According to The News Herald, a dog attack left a young boy in critical condition on Tuesday. The attack occurred in front of a Kelly Court home in Callaway as the seven year old rode his bike after school. A witness reported hearing a child screaming for help and seeing a boy trying to flee as two dogs chased him down the street, although he could not be sure it was the same child who was attacked. Another witness said that neighbors administered chest compressions to the boy following the attack and that his breathing and heart had stopped for a brief time. Lt. Michael Branning of the Bay County Sheriff's Office confirmed that the child, whose name has not been released, sustained severe bite wounds. The victim was initially taken to Bay Medical Center Sacred Heart Health System and later transferred by plane to Sacred Heart Children's Hospital in Pensacola.

Bay County Animal Control took custody of two bulldogs following the attack, although it is not currently clear if one or both animals participated in the attack. The owner's name was not released, but neighbors report the dogs have been the source of problems before. Adolph William, who lives next door to the dogs' owner, said the animals have terrorized the neighborhood and have come after both him and his daughter. He adds that he owns a three year old pit bull and keeps the animal inside if the neighbor's dogs are outside. Another neighbor, Stanlee Himebaugh, said he has seen the animals chasing children down the street. Himebaugh added that he called Animal Control the prior week and nearly shot the animals with a rifle when they threatened his grandfather. The neighbors said they did not believe breed was the issue and reported the animals had not been raised well. According to the owner's statements to investigators, the dogs weigh between 60 and 70 pounds each.

Florida Dog Bite Law: Holding Owners Strictly Liable for Dog Bites
Section 767.04 of the Florida Statutes imposes strict liability on owners when dogs bite, regardless of whether the dog has a history of viciousness. This means the victim does not need to show the owner was negligent or had reason to suspect the animal might attack. The statute does reduce liability if the victim's own negligence played a role in the attack (i.e. if the person taunted the animal). Importantly, courts have found children under age six are incapable of committing such acts of contributory negligence. The dog bite statute also provides that, absent extenuating circumstances (i.e. ordering the animal to attack), an owner will not be held liable to a victim over age six if there is a prominently displayed sign including the words "Bad Dog" on the premises.

Protecting Victims of Dog Bites in Northwest Florida
Dogs are part of the family and, in turn, the family is responsible for the dog. Responsible "pet parents" can prevent attacks by properly training and socializing their animals and keeping the animals leashed in public. Attorney Pittman has represented both children and adults injured by animal bites, including victims who suffered disfigurement. If you or a loved one has been the victim of a dog bite in Panama City, please call to arrange a free consultation.

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Bay County Dog Attack Leads to Amputation of Worker's Arm

Local Community Ponders Response to Dog Attack

(Photo by Sini Merikallio)

Our Panama City animal bite lawyer is urging residents to take particular caution in light of a rabies alert in our region. According to WMBB and ABC 13, the recent alert stems from a reported fox attack on August 16, 2012. The Administrator for Walton County Health Department, Holly Holt, issued the alert which focuses on the southern part of Walton County and will remain in effect for sixty days. While this alert does focus on one portion of our area, it does not mean that other areas are exempt from danger. Notably, the same news outlet reported last month that a raccoon found in Callaway also tested positive for the virus. That animal, found near the intersection of Betty Louise Drive and Old Bicycle Road, was the fifth raccoon to test positive in Bay County in 2012.

Rabies is a nervous system disease that can be fatal to humans and other warm-blooded animals. Humans can be treated, but it is vital to identify the potential exposure and begin treatment soon after the contact. If you are bitten or scratched by an unknown animal, you should immediately clean the wound, seek medical treatment, and inform the local health department of the incident. When a wild animal is involved, you should also contact animal control for help.

It is crucial to avoid all contact with wild animals, especially when rabies is known to be present in the region. Parents should take particular care to teach children that they should never handle any unfamiliar animal, whether wild or domestic. It is not safe to adopt or otherwise care for wild animals, even if the animal is young or appears friendly. In the case of raccoons, it is actually illegal to feed the animals either directly or indirectly because it can artificially increase the population and raises the risk of spreading rabies and other diseases. Keeping garbage secure can also help.

Pet owners should take particular care since rabies can spread from wild animals to domestic ones which may then pass the infection on to humans. Owners should keep pets under close supervision to avoid a bite. Keeping pet food outside overnight can also attract wild animals and raise the danger of a conflict between a wild animal and a domestic pet. Florida law requires that all dogs and cats over four months in age be vaccinated. The vaccination must be kept up to date by a veterinarian and vaccines bought at feed stores and administered at home do not meet the legal requirement. If you believe your pet has been bitten by a wild animal, you should contact your vet and the health department or animal control as soon as possible.

Rabies is dangerous, but the spread can be limited by taking proper precautions. Pet owners should remember that they are responsible if their animal bites someone, whether or not the animal has shown prior signs of violence. This is a matter of public safety, especially with the added concern of rabies in our region.

We also offer a free consultation to anyone who has been injured by an animal bite in Panama City. We can help you understand your legal rights.

For more information on the danger of rabies see the Florida Department of Health's information page and our prior blog post on a rabies alert earlier this year in Bay County.

Earlier this month, we wrote about a growing effort to control the pet population in Bay County. We are saddened to follow so quickly with a much more upsetting post about the potential for dangerous interactions between people and pets. The team at The Pittman Firm is filled with animal lovers. We know that animals can be wonderful companions and that pets become true members of the family. We also know that pets can cause serious injury and we are prepared to serve as a law firm for Panama City dog bite victims.

The News Herald and WJHG are both reporting on a vicious dog attack that occurred in the boarding area of the Parkway Animal Hospital on the evening of July 19. Laura Miller, a thirty-three year old Panama City resident, was cleaning pens when a mixed-breed poodle slipped through a gate and into the pen of a pit bull weighing nearly one hundred pounds. Workers said the pit bull had been boarding for three weeks and had previously been very friendly, often rolling over for belly rubs from staff members. However, when Miller attempted to remove the poodle, the pit bull attacked. Co-workers responded to Miller's call for help and found the animal had clamped its jaws around her armpit area and was shaking her violently. The workers hit and kicked the animal until he released Miller and they then locked the dog back in his cage.

Emergency medical workers responded and found that Miller had lost a significant amount of blood due to multiple bites to her neck, arms, and upper torso. They deemed the injuries life-threatening and transported her to Bay Medical Center. Doctors operated, amputating Miller's arm at her shoulder. As of the middle of this week, Miller remained at the hospital but was in stable condition.

Per policy, Animal Control officers took the dog to Bay County Animal Shelter where they will observe it for ten days for signs of rabies. Together, Animal Control and the Sheriff's Office will then determine if the animal should be deemed dangerous. If they decide the dog is dangerous, the owner will be allowed to decide if he or she will keep the animal. Dogs that are deemed dangerous must be kept in a secure enclosure and must be muzzled and put on a secure chain or leash any time it goes outside. Animal Control would also check-in annually. An owner of a dangerous animal must also notify Animal Control if the animal is moved to another state or another county. The office would then contact its counterpart in the new area. If the dog bites a second person, it would be euthanized.

The Bay County Sheriff's has declined to file criminal charges related to the attack. However, as we have noted before, the civil and criminal courts are separate. A civil suit can often be appropriate even when no criminal case is brought. With limited exceptions, Florida imposes strict liability on dog owners in dog bite cases. This means the owner is liable for an injury caused by their pet. This is true regardless of whether the dog has shown prior violent tendencies.

If you have been injured by a dog bite in Panama City, please call for a free consultation. A civil claim can provide a victim with vital compensation. Remember, there is no conflict between loving animals and seeking damages after a serious injury.

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Local Community Ponders Response to Dog Attack

The Pittman Firm knows that owning a pet can be like having another member in the family. Pets can provide such uncomplicated love and can also be a great way to teach children about responsibilities. As your Panama City dog bite law firm, we also know that pets are animals and we support efforts to keep our residents safe, including efforts aimed at controlling the size of the pet population.

The News Herald reports that Bay County Animal Control puts thousands of animals to death each year. In order to lower this number, and to avoid unsafe conditions, the Bay County Animal Control Advisory Committee has prepared a report for County Commissioners aimed at finding a humane method of controlling the animal population. The Committee's top recommendation calls for Bay County to create a low-cost spay and neuter clinic.

The proposal involves partnering with Operation Spay Bay, a nonprofit already working on reducing the number of unwanted animals in our region. The committee recommends leasing a surplus county building, potentially an old administration building located a Sixth Street and Mulberry Avenue, to the organization for a nominal fee of one dollar per year. Mary Marie Clemo, president of Operation Spay Bay and a member of the advisory committee, says that the clinic could be up and running in a very short time period.

Operation Spay Bay is working to join the National Spay/Neuter Response Team, part of the Humane Alliance. Membership in the team would make Spay Bay eligible for a $95,000 grant, money that would be supplemented with a $60,000 mandatory match to cover start-up costs. Clemo told reporters they currently have $5,000 available and hope donations will pick up one a location is firmly decided and local leaders can help them develop greater momentum towards becoming a success. The group also hopes to receive a $25,000 annual allocation from Bay County, but Clemo noted that the clinic will be able to open regardless of whether the county provides those funds. The allocation would be put towards sterilizing about 1,000 feral cats annually.

Once the clinic is up and running, it will be self-sustaining based on the budget documents the committee provided to county officials. Committee projections estimate the clinic will perform 7,600 surgeries in the first year of operations, generating nearly $300,000 in income despite offering spay and neuter services at a reduced rate. Sterilization fees at private veterinary offices in Bay County can range from $50 to $300. The clinic proposes rates of $45 for male dogs, $60 for female dogs, $20 for male cats, $35 for female cats, and a reduced $25 rate for feral cats.

Opening clinics that provide low-cost sterilization for cats and dogs has proven an effective measure for controlling the pet populations in other communities. In Dothan, Alabama, a city with a metro population of around 142,700 people has been served by the Wiregrass Spay/Neuter Alliance since 2009. The clinic has observed a 20 to 30 percent drop in the number of animals brought into their shelter during that time period.

Controlling the pet population is one crucial way we can reduce the frequency of animal bites in Panama City. Owners should remember that Florida holds them responsible for a dog bite, regardless of whether the animal has shown prior dangerous tendencies. This principle would likely apply to injuries caused by other pets as well. We love pets, but we also believe in keeping our community safe. Our Panama City injury lawyer represents victims of animal bites in our North Florida community. Call today for a free consultation.

For more information on why you should spay or neuter your pet, as well as a link to help you find a low-cost clinic, visit the ASPCA's Top 10 Reasons to Spay or Neuter Your Pet. For a local resource where you can report a stray/feral animal or find information on pet shelters and pet care, see Bay County Animal Control.

Our Panama City injury lawyer is following the developments in neighboring Lynn Haven City from WHJG about another Northern Florida dog bite case. On Saturday, four pit bulls attacked an eight year old boy in the yard of a Missouri Avenue home. Several children were playing in the home's yard while a group of adults were inside. One of the dogs bit the child on the face. A woman attempted to intervene to protect the boy and was bit on her leg. Both victims were treated at the hospital and released. Neighbors report that the pit bulls have a history of threatening people, with the victim's mother, Sharon Moore, comparing the animals to a loaded gun. The dogs' owner has turned the animals over to animal control where they will be quarantined and likely put to sleep.

In response to the attack, the Lynn Haven City Commissioners are considered a proposal placed before them by John Lynch, the City Manager. The proposal would have involved a ban on certain dangerous dog breeds. Further research, however, revealed that the proposed provision would have violated Florida law. Florida has a law that forbids cities from placing a ban on specific breeds of dog. Lynch indicated that the commissioners will likely explore other options to protect against Lynn City dog bites.

Florida law imposes strict liability on dog owners in dog bite cases. This means that the dog owner is liable for any injury or other damages caused by a dog. A dog bite claim will be considered valid even if the dog has not shown prior signs of aggressiveness and the concept of "first bite free" is not accurate in Florida. However, the amount of damages available may be influenced if the victim's negligence contributed to the injury. This would apply in a case where the victim taunted the dog. Case law has established that children under six years of age are deemed incapable of committing such acts of contributory negligence. Despite the strict liability stance, the dog bite statute specifically states that an owner will not be held liable, absent extenuating circumstances like the owner ordering the dog to attack, if the incident happens on the owner's property and there is a "Bad Dog" or "Beware of Dog" sign displayed in a prominent place.

Dog owners can help prevent bites by training and socializing the animal and by keeping it on a leash. Children should be taught to ask permission before approaching an unknown animal in case it is an aggressive dog. Dogs should be avoided if they show signs of agitation such as bared teeth, raised hair on the back of the neck, and growling or snarling. If a dog does attack, the victim should lie still and avoid making eye contact which can be seen as a challenge by the animal. Throwing an object towards a safer area can distract an attacking animal and move its attention toward the object.

If you or a loved one has been the victim of a dog bite in our area, please call our Panama City dog bite lawyer for assistance in getting the compensation that the law allows.

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Bay County Rabies Cases Have Community On Alert

What To Do When Faced With a Violent Dog

Our Panama City injury law firm encourages area residents to exercise particular caution in dealing with both wild animals and pets after the re-issuance of a rabies alert. The danger of rabies adds another layer of concern to animal bites in Bay County.

Just days after a prior warning expired, the Bay County Health Department issued a rabies alert. WJHG reported that the alert was issued after a raccoon tested positive for the virus on February 16. The rabid animal had been killed by a dog near the corner of Sweetwater Branch and Nonawood Roads in the Fountain area. Rabies has been found in two Bay County animals thus far in 2012, including a bobcat in addition to last week's raccoon. Last year, Bay County led the entire state of Florida in rabies cases with ten infected animals including two domestic cats, one bat, and seven raccoons.

Rabies is a serious disease that can be fatal to warm-blooded animals, including humans. It is a virus that impacts the nervous system. Humans who are treated soon after exposure can be treated with a special immunization which can prevent the exposure from turning into an active infection. Initial symptoms develop between two weeks and three months after infection but it can take years for rabies to develop, making quick action after a bite even more crucial. Early symptoms often resemble a more common flu and include fever, fatigue, and headache. As the disease progresses, acute pain and violent movements develop. Untreated rabies often leads to a coma and patients typically die from respiratory failure. A definitive diagnosis of rabies can only be made via autopsy.

Rabies can spread from infected wild animals to domestic pets. Approximately ninety-seven percent of people who contract the rabies virus get it from dog bites. Florida law does require all cats and dogs be vaccinated against rabies by four months of age. Vaccines must be administered by a licensed veterinarian--those purchased and administered directly by an owner do not meet the legal requirement.

The presence of rabies in our area makes it especially crucial to exercise caution when dealing with wild animals and even unknown domestic pets. The danger of rabies, which can spread from one animal to another, adds another layer of concern to dog bites in Panama City and the surrounding regions. If you are bitten by a dog, it is vital that you ask the owner to provide records proving that the animal has been properly vaccinated. As noted above, if caught in a timely fashion it is possible to prevent a bite from becoming infected.

Dog bite victims should also reach out to an experienced Panama City injury lawyer. There is a frequently cited myth that a dog gets "one free bite," but owners in Florida are liable for dog bites even if the dog has no prior history of violence. Seeking legal recourse after a dog bite provides the victim with compensation and also supports a crucial public good by sending a message that owners must control their animals. This message can help prevent future bites and help avoid the transmission of rabies or other health threats to humans.

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What To Do When Faced With a Violent Dog

Florida Breed-Specific Legislation