2.150 Dog Bite Sample Complaint
2.150 Dog Bite Sample Complaint
2.150 Dog Bite Sample Complaint
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Form 2:150 <strong>Dog</strong> <strong>Bite</strong> <strong>Sample</strong> <strong>Complaint</strong><br />
[PLAINTIFF’S NAME], by and through her<br />
parent and natural guardian, [PLAINTIFF’S<br />
PARENT’S NAME],<br />
vs.<br />
Plaintiff,<br />
[DEFENDANT TENANT DOG OWNER’S<br />
NAME] and [DEFENDANT LANDLORD’S<br />
NAME],<br />
Defendants.<br />
______________________________________/<br />
IN THE CIRCUIT COURT OF THE<br />
_______TH JUDICIAL CIRCUIT IN AND<br />
FOR ___________ COUNTY, FLORIDA<br />
CASE NO.:<br />
COMPLAINT<br />
GENERAL JURISDICTION<br />
Plaintiff, [PLAINTIFF’S NAME], by and through her parent and natural guardian<br />
[PLAINTIFF’S PARENT’S NAME], hereby sues Defendants, [DEFENDANT TENANT DOG<br />
OWNER’S NAME] (hereinafter “<strong>Dog</strong> Owner”) and [DEFENDANT LANDLORD’S NAME]<br />
(hereinafter “Landlord”) and, alleges as follows:<br />
INTRODUCTION<br />
1. This is a statutory action against a dog owner under the <strong>Dog</strong> <strong>Bite</strong> Statute, §<br />
767.04, Fla. Stat., and an action for negligence against the landlord of the premises in which the<br />
injury took place.<br />
JURISDICTION AND VENUE<br />
2. This Court has jurisdiction over this dispute because this complaint seeks<br />
damages in excess of fifteen thousand ($15,000.00) dollars, exclusive of interest and attorney’s
fees.<br />
3. Plaintiff [PLAINTIFF’S NAME] is 7 years old, and is a minor under Florida law.<br />
4. [PLAINTIFF’S PARENT’S NAME] is the father/mother and natural guardian of<br />
[PLAINTIFF’S NAME].<br />
5. Defendants reside in [CITY], located in [COUNTY], Florida.<br />
6. Venue is proper in [COUNTY], Florida because the dog bite injury from which<br />
this cause of action arises took place in [COUNTY], Florida.<br />
GENERAL ALLEGATIONS<br />
7. At all times material hereto, Defendant [DEFENDANT TENANT DOG OWNER’S<br />
NAME] owned “[DOG’S NAME],” a dog of the [BREED OF DOG] breed (hereinafter “the <strong>Dog</strong>”),<br />
and has owned it for [NUMBER OF YEARS] years.<br />
8. At all times material hereto, Defendant <strong>Dog</strong> Owner lived with the <strong>Dog</strong> at the<br />
property located at [STREET ADDRESS, APT. #, CITY, COUNTY], Florida (hereinafter “the<br />
Property”).<br />
9. Defendant <strong>Dog</strong> Owner did not display any sign anywhere on the Property that<br />
included the words “Bad <strong>Dog</strong>.”<br />
10. [DEFENDANT LANDLORD’S NAME] is the owner of the Property.<br />
11. Defendant Landlord presently rents and had been renting the Property to<br />
Defendant <strong>Dog</strong> Owner for [NUMBER OF MONTHS] months prior to [DATE OF THE DOG<br />
BITE INJURY], the date of the dog bite injury.<br />
12. Defendant Landlord knew that Defendant <strong>Dog</strong> Owner was living with the <strong>Dog</strong>,<br />
and had been warned by neighbors [NUMBER OF TIMES] times that the <strong>Dog</strong> acted viciously<br />
towards children.
13. Defendant Landlord did not take any action to secure the Property against the<br />
<strong>Dog</strong>’s attacks.<br />
14. On [DATE], Defendant <strong>Dog</strong> Owner invited Plaintiff’s father/mother and Plaintiff<br />
to visit Defendant <strong>Dog</strong> Owner at the Property.<br />
15. On [DATE AND TIME OF THE INJURY], Plaintiff’s father/mother and Plaintiff<br />
came to visit Defendant <strong>Dog</strong> Owner at the Property.<br />
16. As soon as Defendant <strong>Dog</strong> Owner opened the door, the <strong>Dog</strong> began barking<br />
incessantly at Plaintiff.<br />
17. The <strong>Dog</strong> was roaming freely, without a chain or a leash.<br />
18. Defendant <strong>Dog</strong> Owner yelled at the <strong>Dog</strong> and it stopped barking.<br />
19. Moments later, the <strong>Dog</strong> lunged at Plaintiff, viciously biting her at [PARTS OF<br />
THE BODY INJURY], causing tears to her skin and severe injury.<br />
COUNT I- STRICT LIABILTY UNDER § 767.04, FLA. STAT.<br />
(As to Defendant <strong>Dog</strong> Owner)<br />
20. Plaintiff realleges the allegations set forth above in paragraphs one (1) through<br />
seventeen (17) as if set forth herein in full.<br />
21. Under § 767.04, Fla. Stat., Defendant <strong>Dog</strong> Owner is liable for damages caused by<br />
his dog’s bites to persons such as Plaintiff, which are lawfully in the Property.<br />
22. As a proximate result of the <strong>Dog</strong>’s bites, Plaintiff suffered severe injuries, pain<br />
and suffering, in the total sum of $ [AMOUNT].<br />
23. As a proximate result of the <strong>Dog</strong>’s bites, Plaintiff incurred medical expenses in<br />
the sum of $ [AMOUNT].<br />
WHEREFORE, Plaintiff demands judgment for damages against Defendant <strong>Dog</strong> Owner<br />
in the total sum of [amount of damages].
COUNT II- NEGLIGENCE<br />
(As to Defendant <strong>Dog</strong> Owner)<br />
24. Plaintiff realleges the allegations set forth above in paragraphs one (1) through<br />
seventeen (17) as if set forth herein in full.<br />
25. Defendant <strong>Dog</strong> Owner had a duty to ensure that invitees onto the Property such as<br />
Plaintiff were safeguarded from attacks by his dog.<br />
26. Defendant <strong>Dog</strong> Owner had owned the <strong>Dog</strong> for five (5) years and was fully aware<br />
of its vicious nature.<br />
27. Defendant <strong>Dog</strong> Owner breached his duty to Plaintiff by failing to place the <strong>Dog</strong><br />
on a leash or a chain, place him in a separate room, or take any other action to secure invitees to<br />
the Property against the <strong>Dog</strong>’s attacks.<br />
28. As a proximate result of the <strong>Dog</strong>’s bites, Plaintiff suffered severe injuries, pain<br />
and suffering, in the total sum of $ [AMOUNT].<br />
29. As a proximate result of the <strong>Dog</strong>’s aggression, Plaintiff incurred medical expenses<br />
in the sum of $ [AMOUNT].<br />
WHEREFORE, Plaintiff demands judgment for damages against Defendant Landlord in<br />
the total sum of [damages].<br />
COUNT III- NEGLIGENCE<br />
(As to Defendant Landlord)<br />
30. Plaintiff realleges the allegations set forth above in paragraphs one (1) through<br />
seventeen (17) as if set forth herein in full.<br />
31. Defendant Landlord had a duty to ensure that invitees onto his property such as<br />
Plaintiff were safeguarded from attacks by vicious dogs.
32. Defendant Landlord knew about the <strong>Dog</strong> for [NUMBER OF MONTHS] months<br />
and had been warned [NUMBER OF TIMES] by neighbors, and therefore knew or should have<br />
known of the <strong>Dog</strong>’s vicious nature.<br />
Plaintiff.<br />
33. As landlord, Defendant Landlord had sufficient control of the premises to protect<br />
34. Defendant Landlord breached his duty to Plaintiff by failing to take any action to<br />
secure invitees to the Property against the <strong>Dog</strong>’s attacks.<br />
35. As a proximate result of the <strong>Dog</strong>’s bites, Plaintiff suffered severe injuries, pain<br />
and suffering, in the total sum of $ [AMOUNT].<br />
36. As a proximate result of the <strong>Dog</strong>’s aggression, Plaintiff incurred medical expenses<br />
in the sum of $ [AMOUNT].<br />
WHEREFORE, Plaintiff demands judgment for damages against Defendant Landlord in<br />
the total sum of [damages].<br />
DEMAND FOR JURY TRIAL<br />
Plaintiffs demand a trial by jury of all issues so triable.<br />
Respectfully submitted by,