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

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.