Tag Archives: florida law offices

Florida Dog Bite Statute

Posted on February 7, 2013 by Blick Law

Dog owners and dog bite victims alike should be aware that Florida maintains a strict liability statute to protect victims of dog attacks. Under Florida Statute 767.04, the owner of a dog that bites another person will be held strictly liable for the damages caused if such person is on or in a public place, or lawfully on or in a private place, including the private property of the owner of the dog.

In Florida, the prior lack of viciousness of the dog is irrelevant, and a dog owner will still be held liable for damages including present and future medical bills, lost wages and future earnings, mental anguish, and destruction of property.

Though the amount of recovery available to the injured party will be reduced by whatever percentage of fault can be attributed to victim’s own actions, dog owners should be aware of their potential strict liability.

Under the Dog Bite Statute, Dog Owners can protect themselves from liability for attacks that occur on their private property. The statute allows for limited protection of dog owners who display in a prominent place, a sign that reads “Bad Dog”. This protection is not available, however, if the attack was caused by the owner’s own negligence or omission to prevent the attack.

Dog attacks can be devastating, the medical costs that follow can be extensive, and many times the dog owner isn’t even aware of the potential viciousness of their dog.

At Blick Law Firm we defend those victimized of such actions such as dog bites. If you are seeking a personal injury lawyer to pursue a claim regarding a recent attack; or if you are a dog owner and need information on how to protect yourself from liability for your dog’s actions call Blick Law Firm today at (813) 931-0840. Call to make an appointment for a free 15 minute consultation with attorney, Michael C. Blickensderfer. Think quick, call Blick!

Posted in Blog, Personal Injury | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Dog Bite Florida

Posted on November 2, 2012 by Blick Law

Dog owners and dog bite victims alike should be aware that Florida maintains a strict liability statute to protect victims of dog attacks. Under Florida Statute 767.04, the owner of a dog that bites a person will be held strictly liable for the damages caused if such person is on or in a public place, or lawfully on or in a private place, including the private property of the owner of the dog.

In Florida, the prior lack of viciousness of the dog is irrelevant, and a dog owner will still be held liable for damages including present and future medical bills, lost wages and future earnings, mental anguish, and destruction of property.

Though the amount of recovery available to the injured party will be reduced by whatever percentage of fault can be attributed to the victim’s own actions, dog owners should be aware of their potential strict liability.

Under the Dog Bite Statute, Dog Owners can protect themselves from liability for attacks that occur on their private property. The statute allows for limited protection of dog owners who display in a prominent place, a sign that reads “Bad Dog”. This protection is not available, however, if the attack was caused by the owner’s own negligence or omission to prevent the attack.

Dog attacks can be devastating, the medical costs that follow can be extensive, and many times the dog owner isn’t even aware of the potential viciousness of their dog.

If you or a loved has been the victim of a dog attack and need legal representation; or if you are a dog owner and need information on how to protect yourself from liability for your dog’s actions, call Blick Law Firm today @ (813) 931-0840. Call to make an appointment for a free 15 minute consultation with attorney, Michael C. Blickensderfer. Think quick, call Blick!

Posted in Blog, Personal Injury | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 1 Comment

Seat Belt Safety Florida

Posted on October 30, 2012 by Blick Law

Each year, automobile and motorcycle accidents are a major cause of fatalities nationwide. As a result, it is important to employ all necessary safety measures available to avoid or reduce the risk of serious injury while operating an automobile or motorcycle.

Studies indicate that the use of a safety belt greatly reduces the chance of harm or serious injury when involved in an auto accident, especially when an automobile operator is thrown from the vehicle as a result of impact. In an effort to combat this risk and encourage the use of safety belts, Florida has mandatory safety belt requirements. In Florida:

  • Seat belt laws apply to all cars, pickup trucks, and vans operated on Florida roads.
  • All passengers in the front seat must wear a seat belt.
  • All passengers under 18 must wear a seat belt.

Florida also has mandatory child restraint laws that hold drivers responsible for buckling up children. Specifically, Florida law requires that children 3 years old and younger must be secured in a federally approved child-restraint seat; and children 4 through 5 years old must be secured by either a federally approved child restraint seat or safety belt.

Motorcyclists have even more safety concerns as motorcycle accidents tend to involve more serious injuries and incur a higher rate of fatalities. Additionally, with the rising costs of health care, insurance companies have begun to include exclusion clauses to insurance policies that can deny coverage for risky behavior such as motorcycling. While Florida law does not require the use of motorcycle helmets, research conducted by the National Highway Traffic Safety Administration indicates that motorcyclists without a helmet are three times more likely to suffer brain injuries, and that helmets reduce the risk of death by nearly 30 percent when involved in a motorcycle accident.

If you or a loved have been injured in an accident and you have questions or concerns about your rights to recovery, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

Posted in Blog, Motorcycle Tips and Tricks, Personal Injury | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Halloween Safety Tips

Posted on October 29, 2012 by Blick Law

The holiday season is quickly approaching, and while preparing to celebrate with close friends and family it is always important to take extra precaution to ensure your safety, and the safety of others. Halloween can be a particularly dangerous holiday, and many times injuries can be prevented by taking simple precautions.

Statistically, Halloween contributes annually to an increased rate of accidental injury, especially to pedestrians and children. In an effort to reduce the risk of potential injury, everyone should be aware of helpful Costume Safety tips, including:

  • Make sure your costume is visible at night by including bright clothing or reflective tape.
  • Ensure that masks do not obstruct breathing or impair vision; and that the Costume allows you or your child to move around freely.
  • Ensure that the costume material is fire resistant; in the event the costume comes in contact with fire, you can reduce the risk of severe burn injury
  • Avoid costumes that include sharp objects; and for children especially, avoid accessories that are easily swallowed.

Remember, reducing the risk of injury does not always prevent accidents from happening, but it is always better to employ precautionary safety measures.

If you or a loved one is injured during the holidays and you have questions or concerns regarding your rights, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

Posted in Blog, Personal Injury | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Personal Injury Protection (PIP) Law Changes Florida

Posted on October 26, 2012 by Blick Law

Personal Injury Protection (PIP) is a mandatory coverage on Florida car insurance policies that covers medical expenses, lost wages, and other damages. The original purpose of PIP coverage was to make sure that anyone injured in an auto accident would quickly receive money to treat their injuries. In Florida, all drivers are obligated to obtain a minimum of $10,000 PIP coverage for medical bills and lost wages following an auto accident.

Due to rampant fraud and misappropriation of PIP coverage in Florida, insurance companies have lobbied to pass PIP insurance reform to limit the types of treatment available to crash victims covered by PIP, and limit the amount of coverage in order to avoid abuse and fraud.

In 2012, the Florida legislature passed into law PIP reform that bans the use of PIP dollars to pay for massage or acupuncture treatments and will limit the payout for non-emergency treatment of accident-related injuries to $2,500.00. A widespread concern is that accident victims with serious injuries won’t be able to get the care they need if they sustain an injury such as a whiplash or herniated disc because these injuries may not qualify as an emergency.

Nonetheless, supporters of the bill insist that the reform will contribute to overall lower insurance premiums and provide much needed relief to Florida drivers.

If you or a loved one have been a victim of an auto accident and have questions concerning your rights, call Blick Law Firm today at 813-931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick! 813-931-0840.

Posted in Blog, Personal Injury | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Florida dog bite statute changes- who is liable?

Posted on March 2, 2012 by Blick Law Firm

On January 22, Florida’s dog bite statute imposed strict liability upon dog owners for a bite that causes injury to a person.

Section 767.04 stated that a dog owner is liable for any damages inflicted upon a person who is on or in a public place, or lawfully on or in a private place, including the dog owner’s property, regardless of the dog’s former viciousness or the owners’ knowledge of such viciousness.

In the dog owner’s defense, if a dog is provoked, consideration will be taken into account, reducing the liability of the owner.    If a person is unlawfully on a dog owner’s property, the owner is not liable, except as to a person under the age of 6.

In the case of a landlord and tenant, the landlord may be liable for tenant’s dog if the landlord knows the dog is vicious.  Specific rules as to size and breed of dogs set forth by the landlord are the landlord’s responsibility to enforce.

For example, in Ramirez v. M.L. Management Co., Inc., 920 So.2d 36 (Fla. 4th DCA 2005), the landlord was aware that a tenant’s pit bulls had threatened other tenants, but the landlord did not evict the owner of the pit bulls. When they attacked a child who was on adjacent property, the landlord was held liable.

There is an exception to the Florida Dog Bite Statute.  If a “Bad Dog” or “Beware of Dog” sign is posted in a prominent location & is easily readable, the dog owner is released from liability, except in the case of a 6 year old child or younger.  However, a parent’s failure to supervise his young child can reduce the compensation of the dog owner or other liable party.

Whether you are Fido’s owner or the victim of  Fido’s bite, Blick Law Firm is here to help you. Contact us today if you have a potential dog bite personal injury claim. Think quick, call Blick! 813-931-0840.

Posted in Blog, Personal Injury | Tagged , , , , , , , , , , | Leave a comment