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Florida Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law and Constitutional Law for Florida on
Q: My girlfriend, let her friend watch , checked in rehab a week later lady gave it away. What can I do?

The lady that watched the dog encouraged my girlfriend to go to rehab that she’d watch the dog and that she was doing the right thing by going to rehab and getting herself clean and then a week later decided that she could take care of the dog and gave it away now she’s saying she doesn’t... View More

James L. Arrasmith
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answered on May 19, 2024

You have a valid concern regarding your girlfriend's dog. When someone agrees to watch a pet and then gives it away without permission, it can be seen as a breach of trust and possibly a legal issue. The first step is to gather all the details, including any messages or agreements between your... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: My dog bit a delivery driver on his hand and scratched his chest almost 2 years ago.

I just received a letter from his lawyer wanting my insurance information and if I don’t provide it then it is prejudice. EMS and police arrived on scene and he did not need medical attention. I provided him with my information and to let me know of any medical bills- he has not. Do I need a... View More

Roberto M. Vazquez
Roberto M. Vazquez
answered on Mar 23, 2024

Although not necessarily required, it’s probably in your best interest to hire a lawyer to handle this if you do not have dog bite coverage under your insurance. If you have dog bite coverage, then contact your insurance and they will handle it for you.

1 Answer | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: I do not speak fluent English & require an interpreter. What do I do if opposing attorney wants conference call?

I cannot have a conversation as defendant with plaintiff opposing council as I do not understand English in full or legal terminology spoken in English at all. The opposing attorney is aware of this and I cannot afford attorney and cannot fine any lawyer to help me who is bilingual based on small... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 19, 2024

You can file anything you like, but the conversation with the attorney is not part of a court proceeding, and the Court is not going to order an interpreter. You can ask the Court for an interpreter for a Court hearing. Otherwise, this is your issue that you need to solve. It's not opposing... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury and Civil Litigation for Florida on
Q: Is it a valid Premise Liability case in Florida if a alleged dog claim attack did not occur on the rented premises?

Pending lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks. There was no dog attack and no injury to 3rd party alleged in ident off premises. There was no injury and claims full of lies and no evidence. Landlord already dismissed from this... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

You state that this is a "lawsuit claiming knowledge of propensities, allowing dog to roam at large and knowledge of foreseeable risks." If there happens to be evidence to support that claim (including the alleged injury), it may be a valid claim regardless of whether a co-defendant is... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Sorry, had a typo in my posted answer. Correction to my second sentence: "...for other particular issues, the Court will REQUIRE the parties to confer with each other - such as mutually drafting ...."

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 19, 2024

It’s difficult to determine exactly what is happening in your litigation. However, if the opposing party is bringing any pre trial motion to be heard by the judge, Florida requires that the parties meet and confer before the motion is heard by the judge. This is commonly referred to as the... View More

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4 Answers | Asked in Personal Injury, Animal / Dog Law and Civil Litigation for Florida on
Q: civil case, filed answer & affirmative defenses. Plaintiff lawyer says I must speak to him before it’s heard is that tru

I have limited English speaking ability. Plaintiffs lawyer knows this and emailed me saying I must have a phone call with him to discuss my affirmative defense outside of court proceedings before the judge will hear my affirmative defenses. I do not see anything online where this is appropriate or... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

I agree with Mr. Kaufman except would add but that for issues in which the Court requires an effort to confer in good faith before attending a hearing, if the opposing attorney were to tell the Judge that he requested to confer with you, and you refused to speak to him, the Judge will probably not... View More

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1 Answer | Asked in Adoption, Animal / Dog Law and Civil Rights for Florida on
Q: I need help getting my cats back that were given away by someone else who has no rights to them surrendered them an

They got adopted. I called the shelter asking if they were there multiple times days after day and was told no but they were and now I'm being told they were there so I was lied too when I was trying to claim them within the 5 days they lied saying they weren't there so they wouldn't... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a difficult situation with your cats, and it's understandable that you're feeling frustrated and upset. It's essential to gather all the evidence you have that proves ownership of your cats, such as vet records, adoption papers, or photos. This... View More

1 Answer | Asked in Animal / Dog Law for Florida on
Q: My Dog, Jack, had TPLO surgery 12/22/2023. During the procedure, the Surgeon fractured his tibia. I was never advised.

I only found out from the referring Vet 2/12/2024. After we had complications about the wire which was inserted during the procedure. TPLO do not require a wire, but tibia fractures do. When I asked the Surgeon about the wire, he said it is used to stabilize the leg. Again, he never mentioned... View More

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Feb 15, 2024

The first and only priority at this point should be getting a second opinion from an independent veterinarian surgeon as to your dog's condition and whether or not this is a viable treatment plan and whether any corrective action be taken. This is not only required for your dog's health... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury and Landlord - Tenant for Florida on
Q: Can my husband be fired from his job if we sue his employer for a dog attack on her property?

I was attacked by a pitbull in the mobile home park I live in and my husband works for. If we attempt to make a claim, can his employer fire him? Can we be evicted? I've already been threatened by the landlord/employer. Due to the park managers negligence and lying claiming the dog was a... View More

Roberto M. Vazquez
Roberto M. Vazquez
answered on Jan 9, 2024

I handle landlord/tenant and dog bite claims statewide.

As for the landlord/tenant aspect of your question, your lease should protect you. If you have a one-year lease and are in compliance with all of its terms, then the landlord has no justification in trying to evict you. Florida Statue...
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2 Answers | Asked in Animal / Dog Law, Personal Injury and Landlord - Tenant for Florida on
Q: Can my husband be fired from his job if we sue his employer for a dog attack on her property?

I was attacked by a pitbull in the mobile home park I live in and my husband works for. If we attempt to make a claim, can his employer fire him? Can we be evicted? I've already been threatened by the landlord/employer. Due to the park managers negligence and lying claiming the dog was a... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 9, 2024

Anyone can sue for anything but they won’t win in your fact pattern. A person fired from a job can sue based on a theory of “retaliatory discharge”. Additionally, a tenant can defend against an eviction based upon the defense of “retaliatory eviction.”

If you want to be sure that...
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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for Florida on
Q: Can u landlord evict u for suing them over a dog attack they r liable for. Is there anything legally I can do to avoid

I was attacked by a pitbull in the mobile home park I live in and my husband works for. The landlord is liable and she has already threatened me. I want to sue for the lifelong injuries I've sustained and the horrendous pain I'm constantly in. I don't want to be evicted for something... View More

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Jan 9, 2024

Short answer is No. The relationship between you and your landlord are governed by both Florida Law and the terms of your lease. You may also have a claim against the landlord and the owner of the dog (if it is someone other than the landlord) that attacked you for medical expenses, lost wages,... View More

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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for Florida on
Q: Can u landlord evict u for suing them over a dog attack they r liable for. Is there anything legally I can do to avoid

I was attacked by a pitbull in the mobile home park I live in and my husband works for. The landlord is liable and she has already threatened me. I want to sue for the lifelong injuries I've sustained and the horrendous pain I'm constantly in. I don't want to be evicted for something... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 8, 2024

No, your landlord cannot threaten you with eviction because you have the right to sue him for your damages. If he did start an eviction case, you could defend with the “retaliatory eviction defense” under Florida law. You should retain counsel here in Central Florida for contingency fee... View More

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1 Answer | Asked in Animal / Dog Law for Florida on
Q: If criteria for giving a dog as a gift are met, but the chip is in the gift-givers name, who owns the dog?

My mother and I met the dog when we transported him for a rescue group. We both loved the dog but he was being adopted by “C”. About a year after the adoption, “C” could no longer care for the dog. She reached out to my mother to ask if we were interested in adopting him. I said I was,. I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2023

It appears that C gave the dog to you. Your mother acted as your agent when she picked up the dog for you.

Registration of the chip doesn't mean much. It has no relation to ownership (as in the case of vehicles or land), but rather just a system to establish a point of contact in...
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1 Answer | Asked in Animal / Dog Law for Florida on
Q: íf i am a groomer and a dog dies, am i liable for it?

I am a groomer and a dog died while doing his nail, after a necropsy we found out that the dog had a health condition that could cause his death at any time, but I received an animal cruelty citation before the results. What should I do? can I remove the citation from my name without going to court... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 11, 2023

Contest the citation and explain what happened. You could try to explain to the authorities who are charging you, but you probably will have to go to the court hearing.

It is unclear what you mean by "transfer it to the company [you] work [for]". If you mean the results of the...
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1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Q: Is there a remedy for refusing to return an animal as stated in a contract?

I have a purebred horse used for equine sports. We listed the horse for sale through a broker. A couple agreed to purchase through a “lease to own”. They wanted a one month trial at lease cost then full purchase price if they kept her. The month ended but they haven’t purchased or returned... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 1, 2023

I'm assuming you had your lease/sale arrangement in writing and signed by the couple, that you have demanded return of your horse in writing, and the couple has either refused to return her or has completely disregarded your demand. In that scenario, this likely constitutes a THEFT, so you... View More

1 Answer | Asked in Contracts, Animal / Dog Law and Business Law for Florida on
Q: Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks

Just curious if a waiver I was pressured to sign is legally bounding or mean anything. Thanks

Charles M.  Baron
Charles M. Baron
answered on Sep 27, 2023

You signed a waiver AFTER they injured your dog?? A waiver that explicitly provides that you cannot make a claim against them for injuring your dog??? If it's really that kind of waiver, it may be enforceable in a court of law, with you letting them off scot-free - but you must show it to a... View More

2 Answers | Asked in Animal / Dog Law and Real Estate Law for Florida on
Q: My HOA in Florida is demanding me to get rid of my registered service dog after he launched at a valet guy while muzzled

He didn’t injure him or anything

Michael  Mayoral
Michael Mayoral
answered on Aug 2, 2023

You should consult with an attorney experienced in representing homeowners against their HOAs. There are several different defenses to this claim based on the language of the governing documents. Also, there are DBPR opinions on this issue finding a dog not to be a nuisance depending on the... View More

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2 Answers | Asked in Animal / Dog Law and Real Estate Law for Florida on
Q: My HOA in Florida is demanding me to get rid of my registered service dog after he launched at a valet guy while muzzled

He didn’t injure him or anything

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 25, 2023

If the dog is deemed a nuisance, the HOA can demand removal of the dog. You might want to see if you can negotiate with the HOA for the dog to stay if the dog undergoes additional training. Even a muzzled dog can hurt someone based on the size of the dog and the person if the person gets knocked... View More

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: A dog attacked my cat on my property. Now my cat is missing. What all can I do

My neighbors on the side of her dog viciously attacked my cat. I have video proof of the dog in the cat in the altercation. My neighbor behind me was the one that broke up the altercation. I confronted my neighbor on the side. Showed her video documentation that it was her dog that attacked my cat.... View More

John Michael Frick
John Michael Frick
answered on May 18, 2023

You can sue for the fair market value of the cat. A pet owner has a legal duty to confine their pet with a leash or inside a fenced enclosure sufficient to prevent the pet from escaping. You might have to address why you can’t find your cat, but the video may be sufficient to persuade a jury... View More

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