Beruflich Dokumente
Kultur Dokumente
Plaintiff,
vs.
Defendants.
______________________________________/
COMPLAINT
Plaintiff, [PLAINTIFF’S NAME], by and through her parent and natural guardian
INTRODUCTION
1. This is a statutory action against a dog owner under the Dog Bite Statute, § 767.04, Fla.
Stat., and an action for negligence against the landlord of the premises in which the injury took
place.
2. This Court has jurisdiction over this dispute because this complaint seeks damages in
excess of fifteen thousand ($15,000.00) dollars, exclusive of interest and attorney’s fees.
3. Plaintiff [PLAINTIFF’S NAME] is 7 years old, and is a minor under Florida law.
[PLAINTIFF’S NAME].
6. Venue is proper in [COUNTY], Florida because the dog bite injury from which this
GENERAL ALLEGATIONS
NAME] owned “[DOG’S NAME],” a dog of the [BREED OF DOG] breed (hereinafter “the Dog”),
8. At all times material hereto, Defendant Dog Owner lived with the Dog at the property
located at [STREET ADDRESS, APT. #, CITY, COUNTY], Florida (hereinafter “the Property”).
9. Defendant Dog Owner did not display any sign anywhere on the Property that included
11. Defendant Landlord presently rents and had been renting the Property to Defendant
Dog Owner for [NUMBER OF MONTHS] months prior to [DATE OF THE DOG BITE
12. Defendant Landlord knew that Defendant Dog Owner was living with the Dog, and had
been warned by neighbors [NUMBER OF TIMES] times that the Dog acted viciously towards
children.
13. Defendant Landlord did not take any action to secure the Property against the Dog’s
attacks.
14. On [DATE], Defendant Dog Owner invited Plaintiff’s father/mother and Plaintiff
15. On [DATE AND TIME OF THE INJURY], Plaintiff’s father/mother and Plaintiff came
16. As soon as Defendant Dog Owner opened the door, the Dog began barking incessantly
at Plaintiff.
18. Defendant Dog Owner yelled at the Dog and it stopped barking.
19. Moments later, the Dog lunged at Plaintiff, viciously biting her at [PARTS OF THE
20. Plaintiff realleges the allegations set forth above in paragraphs one (1) through
21. Under § 767.04, Fla. Stat., Defendant Dog Owner is liable for damages caused by
his dog’s bites to persons such as Plaintiff, which are lawfully in the Property.
22. As a proximate result of the Dog’s bites, Plaintiff suffered severe injuries, pain
23. As a proximate result of the Dog’s bites, Plaintiff incurred medical expenses in
WHEREFORE, Plaintiff demands judgment for damages against Defendant Dog Owner
24. Plaintiff realleges the allegations set forth above in paragraphs one (1) through
25. Defendant Dog Owner had a duty to ensure that invitees onto the Property such as
26. Defendant Dog Owner had owned the Dog for five (5) years and was fully aware
27. Defendant Dog Owner breached his duty to Plaintiff by failing to place the Dog
on a leash or a chain, place him in a separate room, or take any other action to secure invitees to
28. As a proximate result of the Dog’s bites, Plaintiff suffered severe injuries, pain and
29. As a proximate result of the Dog’s aggression, Plaintiff incurred medical expenses in
30. Plaintiff realleges the allegations set forth above in paragraphs one (1) through
31. Defendant Landlord had a duty to ensure that invitees onto his property such as
32. Defendant Landlord knew about the Dog for [NUMBER OF MONTHS] months and
had been warned [NUMBER OF TIMES] by neighbors, and therefore knew or should have
known of the Dog’s vicious nature.
33. As landlord, Defendant Landlord had sufficient control of the premises to protect
Plaintiff.
34. Defendant Landlord breached his duty to Plaintiff by failing to take any action to
35. As a proximate result of the Dog’s bites, Plaintiff suffered severe injuries, pain
36. As a proximate result of the Dog’s aggression, Plaintiff incurred medical expenses