Download as pdf
Download as pdf
You are on page 1of 1
§2:160.1.5 Elements of Cause of Action — 5th DCA [T]he owner of the premises may be liable for injuries resulting from an attack by a bad dog owned by a tenant if the landlord has actual knowledge of the vicious nature of the tenant’s dog or such knowledge can be imputed to the landlord and the landlord has the ability to control the dog’s presence. Source Giaculli v. Bright, 584 So.2d 187, 189 (Fla. Sth DCA 1991). See also 1. Maher y. Best Western Inn, 717 So.2d 97, 99 (Fla. 5th DCA 1998) (“By inviting dogs on its premises [defendant] thus created a foreseeable zone of risk, ‘which placed upon it a duty to either lessen the risk or see that sufficient precautions are taken to protect others from the harm the risk poses.’”) quoting McCain v. Florida Power Corp., 593 So.2d 500, 503 (Fla. 1992). §2:160.2 Statute of Limitations The statute of limitations for a dog bite cause of action is four years from the time of the injury. Fla. Stat. §§95.11(3)(a) (for negligence); Fla. Stat. §§95.11(3)(0) (for assault, battery and all other intentional torts); Sellers v. Miami-Dade County School Bd., 788 So.2d 1086, 1087 (Fla. 3rd DCA 2001) (“[A] cause of action accrues when the injury occurs and the damage is sustained”) quoting Department of Transp. v. Soldovere, 519 So.2d 616, 617 (Fla. 1988). §2:160.3 References 1. 85 Am. Jur. Proof of Facts 3d 1, Proof of Landlord’s Liability for Injury Inflicted by Tenant’s Dog (2006).

You might also like