CASE NO.: COMPLAINT. Plaintiff, [PLAINTIFF S NAME], by and through her parent and natural guardian

Transcription

1 Form 2:150 Dog Bite Sample Complaint IN THE CIRCUIT COURT OF THE TH JUDICIAL CIRCUIT IN AND FOR COUNTY, FLORIDA [PLAINTIFF S NAME], by and through her parent and natural guardian, [PLAINTIFF S PARENT S NAME], CASE NO.: GENERAL JURISDICTION Plaintiff, vs. [DEFENDANT TENANT DOG OWNER S NAME] and [DEFENDANT LANDLORD S NAME], Defendants. / COMPLAINT Plaintiff, [PLAINTIFF S NAME], by and through her parent and natural guardian [PLAINTIFF S PARENT S NAME], hereby sues Defendants, [DEFENDANT TENANT DOG OWNER S NAME] (hereinafter Dog Owner ) and [DEFENDANT LANDLORD S NAME] (hereinafter Landlord ) and, alleges as follows: INTRODUCTION 1. This is a statutory action against a dog owner under the Dog Bite Statute, , Fla. Stat., and an action for negligence against the landlord 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

2 fees. 3. Plaintiff [PLAINTIFF S NAME] is 7 years old, and is a minor under Florida law. 4. [PLAINTIFF S PARENT S NAME] is the father/mother and natural guardian of [PLAINTIFF S NAME]. 5. Defendants reside in [CITY], located in [COUNTY], Florida. 6. Venue is proper in [COUNTY], Florida because the dog bite injury from which this cause of action arises took place in [COUNTY], Florida. GENERAL ALLEGATIONS 7. At all times material hereto, Defendant [DEFENDANT TENANT DOG OWNER S NAME] owned [DOG S NAME], a dog of the [BREED OF DOG] breed (hereinafter the Dog ), and has owned it for [NUMBER OF YEARS] years. 8. At all times material hereto, Defendant Dog Owner lived with the Dog at the property located at [STREET ADDRESS, APT. #, CITY, COUNTY], Florida (hereinafter the Property ). 9. Defendant Dog Owner did not display any sign anywhere on the Property that included the words Bad Dog. 10. [DEFENDANT LANDLORD S NAME] is the owner of the Property. 11. Defendant Landlord presently rents and had been renting the Property to Defendant Dog Owner for [NUMBER OF MONTHS] months prior to [DATE OF THE DOG BITE INJURY], the date of the dog bite injury. 12. Defendant Landlord knew that Defendant Dog Owner was living with the Dog, and had been warned by neighbors [NUMBER OF TIMES] times that the Dog acted viciously towards children.

3 13. Defendant Landlord did not take any action to secure the Property against the Dog s attacks. 14. On [DATE], Defendant Dog Owner invited Plaintiff s father/mother and Plaintiff to visit Defendant Dog Owner at the Property. 15. On [DATE AND TIME OF THE INJURY], Plaintiff s father/mother and Plaintiff came to visit Defendant Dog Owner at the Property. 16. As soon as Defendant Dog Owner opened the door, the Dog began barking incessantly at Plaintiff. 17. The Dog was roaming freely, without a chain or a leash. 18. Defendant Dog Owner yelled at the Dog and it stopped barking. 19. Moments later, the Dog lunged at Plaintiff, viciously biting her at [PARTS OF THE BODY INJURY], causing tears to her skin and severe injury. COUNT I- STRICT LIABILTY UNDER , FLA. STAT. (As to Defendant Dog Owner) 20. Plaintiff realleges the allegations set forth above in paragraphs one (1) through 21. Under , Fla. Stat., Defendant Dog Owner is liable for damages caused by his dog s bites to persons such as Plaintiff, which are lawfully in the Property. 22. As a proximate result of the Dog s bites, Plaintiff suffered severe injuries, pain 23. As a proximate result of the Dog s bites, Plaintiff incurred medical expenses in the sum of $ [AMOUNT]. WHEREFORE, Plaintiff demands judgment for damages against Defendant Dog Owner in the total sum of [amount of damages].

4 COUNT II- NEGLIGENCE (As to Defendant Dog Owner) 24. Plaintiff realleges the allegations set forth above in paragraphs one (1) through 25. Defendant Dog Owner had a duty to ensure that invitees onto the Property such as Plaintiff were safeguarded from attacks by his dog. 26. Defendant Dog Owner had owned the Dog for five (5) years and was fully aware of its vicious nature. 27. Defendant Dog Owner breached his 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. 28. As a proximate result of the Dog s bites, Plaintiff suffered severe injuries, pain 29. As a proximate result of the Dog s aggression, Plaintiff incurred medical expenses in the sum of $ [AMOUNT]. WHEREFORE, Plaintiff demands judgment for damages against Defendant Landlord in the total sum of [damages]. COUNT III- NEGLIGENCE (As to Defendant Landlord) 30. Plaintiff realleges the allegations set forth above in paragraphs one (1) through 31. Defendant Landlord had a duty to ensure that invitees onto his property such as Plaintiff were safeguarded from attacks by vicious dogs.

5 32. Defendant Landlord knew about the Dog for [NUMBER OF MONTHS] months and had been warned [NUMBER OF TIMES] by neighbors, and therefore knew or should have known of the Dog s vicious nature. 33. As landlord, Defendant Landlord had sufficient control of the premises to protect Plaintiff. 34. Defendant Landlord breached his duty to Plaintiff by failing to take any action to secure invitees to the Property against the Dog s attacks. 35. As a proximate result of the Dog s bites, Plaintiff suffered severe injuries, pain 36. As a proximate result of the Dog s aggression, Plaintiff incurred medical expenses in the sum of $ [AMOUNT]. WHEREFORE, Plaintiff demands judgment for damages against Defendant Landlord in the total sum of [damages]. DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury of all issues so triable. Respectfully submitted by,