Cape Coral, FL asked in Animal / Dog Law for Florida

Q: The question is is that I took my dog to a off the leash dog park where she was chasing another dog (nine-month-old She

The question is is that I took my dog to a off the leash dog park where she was chasing another dog (nine-month-old Shepherd) and the shepherd slipped on wet concrete and crashed into a fence where she hurt her leg most likely a sprain of some sort as she was starting to put weight on it when I was leaving and she did not cry out in pain when it happened, so my question is if you decide to take your dog to an off the leash dog park and your dog gets hurt while playing are you legally responsible?

Please note that neither dog physically touched each other they were just running

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Your liability to the owner of the other dog depends on whether the trier of fact (judge or jury) is convinced by a preponderance of evidence that you did something negligent; I would argue that it was not foreseeable on your part, when you took your dog off-leash, that this would happen. And, if so, damages would depend on the owner of the other dog being able to prove that any injury resulted from the slip-and-fall. In other words, the plaintiff (owner of the other dog) would probably need to call the treating vet, to testify about causation, as well as the expenses of treatment.

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